BY JENNIFER KUSAPA

GOVERNMENT will impose heavy punishment on people who cross the border between Solomon Islands and Papua New Guinea.

Acting Police Commissioner Mostyn Mangau said since the Government has declared the Border between SI/PNG as an emergency zone people who breach regulations will be penalised with a hefty fine and imprisonment.

He said Royal Solomon Police Force officers are already at the Border with health, Customs, immigration and biosecurity officers to look after the border.

Mangau said since there were already confirmed cases of coronavirus in PNG the Western Border is of high risk and the Government has declared emergency zone at that area.

He said any vessel or small crafts or boats crossing that border are prepared to face the penalties of SBD1million or 20 years or serves both punishments.

Mr Mangau said people at the Western Border must cooperate with the Government and the agencies in preventing COVID-19 not to reach our shores.

He said police will only there to ensure that those regulations are being abided by but it is the support from the people and communities will help police and other agencies in preventing such virus not to enter the shores of Solomon Islands.

Mangau said Police officers are there in numbers and if anything may arise more officers will be deployed but currently there are more than 30 officers already at the Border.

By EDDIE OSIFELO

MINISTRY of Finance and Treasury has paid the $2500 travelling allowances to public servants, who are taking emergency leave due to the coronavirus.

Permanent Secretary, Dentana Mckinnie confirmed this to Island Sun yesterday saying the allowances are paid through payroll and all public officers should have received their travel allowances yesterday [Thursday, April 16].

Mckinnie said police and teachers ‘should receive theirs last week’.

A statement from the Government Communication Unit issued on March 31st stated that Cabinet has made the decision on March 26 and has instructed the Permanent Secretary of the Ministry of Public Service to advise public servants of this process.

“Under this latest measure, public servants under the non-essential services are authorized to take emergency paid leave of absence from work starting on March 31 until further notice.

“After 30 days leave period, public officers’ remuneration will be on half-pay until they are recalled to duty. On resumption to duty, officers’ salaries will be reinstated in full while the other 50% salary withheld during emergency leave will also be repaid in full.

“Salaries of non-established employees at grade levels 1 and 2 shall continue to be paid in full whether they are taking emergency leave or remain at work.

“Public Officers taking emergency leave shall be supported with a traveling assistance of $2,500.00 as a one-off payment irrespective of their leave destinations.

“Essential Services ministries and agencies will continue discharging their services as usual and are advised to adhere to all occupational health and safety measures in the course of duty.

“Any essential services officers who may have serious pre-existing health conditions are advised to consult their respective responsible officers if they wish to take emergency leave.

“All officers at the executive and senior management level across the service are instructed to work at home to maintain communication through available information and communication technologies. These categories include Permanent Secretaries, Under Secretaries, Directors, Financial Controllers and Human Resource Managers.”

Meanwhile some teachers have also questioned why they have been left out of the $2,500 travelling allowance as they are also public servants under non-essential services.

MMF president calls for overhaul of the high court

By Alfred Sasako

THE Malaita Masina Forum (MMF) has bought into on-going controversies surrounding some High Court judgements, claiming the High Court is in urgent need of a major clean up.

“There is no hope for justice in this country if the current judges remain on the bench,” MMF President William Gua told Island in an exclusive interview this week.

“They don’t respond to letters or concerns that the ordinary people raised with them from time to time. This constitutes maladministration, which in some jurisdiction carries a penalty,” Mr. Gua said.

“I can only imagine how many innocent people out there are being robbed of justice,” Mr. Gua said.

He gave an example of a recent High Court case involving logging operations in which he was a party.

“We have run through the entire process from the local and magistrates courts. The final order was the matter be sent to the High Court for judgement. We were expecting a judgement, which would put the matter to rest.

“Given that a logging company involved in the case had admitted a contempt of court order, we had no doubt the ruling would be in our favour. It did not,” Mr. Gua said.

“Instead, this particular judge ruled that we had to go back to the local court again,” Mr. Gua said.

“So I wrote to the Chief Justice six months ago calling on him to immediately remove the Judge who presided in our case because it was very clear the Judge was on the side of the logging company. We have no doubt he favored the logging company,” Mr. Gua told Island Sun.

“My letter to the Chief Justice was also copied to the Governor General and others. I am still waiting for the Chief Justice to even acknowledge the receipt of my letter six months on,” he said.

“Now this tells me something is very wrong with the administration of justice in this country. And when I heard of removal from office of winning candidates Jamie Vokia and John Moffat Fugui under questionable rulings, I am not surprised,” he said.

He said what is coming out are simply the symptoms of a system that urgently needs a major clean up.

“Symptoms only come out to warn of a much bigger and underlying problem. It must be dealt with. And for me, as long as the administration of the High Court is allowed to go unchecked, there will never be justice in this country,” Mr. Gua said.

“We have information on certain judges. This will be provided at the appropriate time,” he said.

By EDDIE OSIFELO

THE Government should have established a tribunal before it imposed the curfew in Honiara from Friday -Saturday.

A prominent senior lawyer expressed this after Chief Magistrate Emma Garo discharged 58 of the 63 people arrested for breaching the two days curfew on Tuesday because there was no charge filed to the court against them by police and prosecution.

Magistrate Garo said since there was no charge filed to the court regarding the accused the court has no power to preside over their case.

She said that she is making the order as the Chief Magistrate in sending the people back, but if police and prosecution file charges to the court, their cases can be called back, because a criminal process can only be triggered when charges are filed and a magistrate’s signature on the charges.

Garo said the accused were around the court premises from 9am to 2.30pm without any charges prepared and filed.

The lawyer who wished to remain anonymous, said establishing a Tribunal is required under Section 16, subsection 8 of the National Constitution.

In subsection 8, it states that where a person is detained by virtue of a law that authorises the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists in Solomon Islands during that period, the following provisions shall apply, that is to say –

1. he shall, as soon as reasonable practicable, be furnished with a statement in writing, in a language that he understands, specifying in detail the grounds upon which he is detained;
2. the announcement of his detention shall be made as soon as possible and not more than fourteen days after the commencement of his detention a notification shall be publish in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised.
3. not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law consisting of a Chairman appointed by the Chief Justice and two other persons appointed by the Judicial and Legal Service Commission;
4. he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal; and
5. at the hearing of his case by the tribunal he shall be permitted to appear in person or by a legal representative of his own choice.

The lawyer believes this maybe the reasons why the court could not deal with the 58 people because only the Tribunal can hear their cases.

“I think the Tribunal should be established before the Prime Minister orders the curfew.

“The curfew is good to restrict people’s movement due to the coronavirus but the system needs to be put in place first,” the lawyer said.

The lawyer said when the Governor General declared the State of Public Emergency under Section 16 of the Constitution due to the threat of the pandemic; the GG gave the power to the Prime Minister to execute it.

However, the challenge is the order would affect the rights of the people which the same Constitution protects like the freedom of movement and freedom of speech.

“So the issue here is where do we strike the balance.

“I think by establishing the Tribunal can help address this situation,” the lawyer said.

Meanwhile, out of the total 63, only five have been charged.

Three pleaded not guilty to the charges while two entered guilty pleas yesterday.

However sentencing of the two accused who entered guilty pleas will be stayed awaiting the court to decide on the legal issues that was raised in court.

By EDDIE OSIFELO

MINISTRY of Education and Human Resources is pleased to hear the restart of Semester 1 at University of South Pacific (USP) Laucala campus on Monday, April 20, 2020.

Professor Pal Ahluwalia Vice-Chancellor and President of the University of the South Pacific confirmed this through a memo to the staff and students.

The VC stated although most Campuses remain in lockdown, they expect the remainder of this Semester to be taught on a remote basis.

He said consequently, all students can access USP teaching materials remotely through Moodle. 

“Please note that we expect all students to resume studying remotely next week.

“For students studying in trimesters or other terms, please contact your Course Coordinator for further information. 

1. For our students in Fiji, Vodafone and Digicel have made provisions for their customers to access USP website and Moodle for free. 
2. For our students in the Regional Campuses, similar arrangements with network providers are being sought by our Campus Directors. Regional students please stay in touch with your Campus Directors for further information.
3. Please follow advisories from your Governments regarding COVID-19 restrictions.”

PS Rodie said he was pleased with the decision because it would mean a lot to our students in terms of continuation of their education.

He said USP was closed for a good number of weeks and our students’ education was disrupted quite drastically however the decision or advisory issued is welcoming.

“Our tertiary students’ learning was impacted significantly.

“If the closure of the USP were to be prolonged for say more than three months, it would have devastating impact not only on students’ learning but also the entire university would suffer to a large extent in terms of loss of revenue should students defer their courses till 2021,” PS Rodie said.

“I am of the view that stringent measures, orders and regulations imposed by the Fiji Government will still be applied till the coronavirus threat at the Laucala campus or in Suva/Fiji is completed eliminated,” he said.

About 1,100 students are currently studying in various universities in Fiji.

Recently, the government gave an additional $5000 SBD to the students to help them during the pandemic situation in Fiji.

BY JENNIFER KUSAPA

COMMISSIONER of Correctional Service Solomon Islands (CSSI) was been summoned to appear in court on Tuesday 14th April.

Commissioner Gabriel Manelusi was summoned by the Chief Magistrate to explain why Correctional Service did not remand five suspects who had reportedly breached the weekend’s curfew orders.

The five accused appeared in court on Saturday and were ordered to be remanded in custody by the court.

However when their cases were called out yesterday the CSSI officers did not bring forth the accused since they were not remanded.

As a result, Chief Magistrate Emma Garo summoned the CSSI Commissioner to appear in court and explain why CSSI did not remand the five accused.

Mr Manelusi told the court that he was not aware because he was not informed.

Manelusi then told the court that he will make an internal enquiry within the CSSI about the issue.

Magistrate Garo then made orders that she expects the report from the CSSI by today regarding the issue of not remanding the five accused in Rove custody.

The five accused were charged for breaching curfew orders on Friday night, this include one female and four males while 58 others are yet to be charged by police.

Police on the first night of curfew arrested 53 suspects and detained five vehicles for alleged breaching of the curfew under the State of Public Emergency which was enforced from 8pm April 10 to 5am April 11, 2020 within the Emergency Zone in Honiara.