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Media attacks on judges unacceptable: Soma

Written by
Jennifer Kusapa
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In-court

BY JENNIFER KUSAPA

PRESIDENT of the Solomon Islands Bar Association (SIBA) Eran Soma has raised disappointment over reports published in the media attacking judges over particular decisions.

Soma said such personal attacks are unacceptable and uncalled for because they undermine the independence of the judiciary, which is crucial to democratic government on which we all rely for our individual and collective freedoms.

The SIBA president was speaking at the opening of the 2021 Legal Year, Tuesday.

He said judges have a sworn and difficult duty to administer justice according to law and they should be allowed to perform that duty unhindered by personal attacks in the media or elsewhere.

“If it is thought that a particular decision is wrong, then in most cases, there is an avenue of appeal available to disappointed litigants,” Soma said.

“If it is thought that the law is wrong, then it is open to Parliament to change it,” he added.

“Further, if it is alleged that the conduct of a judge in performance of his or her duties was illegal or goes to his or her fitness for office, then there is a remedy under s.80 of the Constitution.

“Therefore, it is very important for journalists, reporters and the public to understand that there are legal processes in place to deal with one’s disappointment.

“Media insinuation is not one of them.

“I wish to emphasise the Bar Association’s commitment and support for our judiciary which has a longstanding reputation for independence and impartiality.”

Chief Justice Sir Albert Rocky Palmer also highlighted that in 2020, the Judiciary experienced some negative publicity in the media, in the disposal of election petitions.

“Instead of appreciating the court in disposing of all election petitions save one, timely within the 12 months’ time limit, the court continued to be barraged with bad reporting,” Sir Albert said.

“The judges however continued to remain firm and true to their oaths ‘… to do right to all manner of people without fear or favour, affection or ill-will’ and to discharge their onerous duties to determine disputes that come before them,” he added.

He said maintaining that independence is central to the trust and the public confidence of the community in the work of the courts. 

“Decisions of the courts bind the parties in a case and are enforceable by process of law. 

“They are therefore to be respected by the Government and citizen alike.

“The judiciary is governed by legal and ethical obligations. 

“It determines cases according to law, rules and regulations and the facts that are before it. 

“It does not go beyond what is put before it in court and what the law permits or not permits for it to consider.

“The judiciary is impartial and determines cases according to law, outcomes are legally driven.”

Sir Albert explained that the legislature and the executive in contrast are more open and flexible to the receipt of ideas and may be subject to public opinion and popularity, especially the views of their electorate.

The legislature necessarily focuses on policies and outcomes supported by the executive arm. 

The judiciary on the other hand, focuses on the facts of a case and decides the result on the basis of applying legal principles.

Therefore, he said Judges are required to decide cases in an impartial, fair and independent way. 

The courts are open to the public (“open justice concept”) and judges are required to give reasons for their decisions. 

This requirement is fundamental to the judicial method. 

Counselling sought for quarantine graduates

Written by
Barnabas Manebona
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Chengs Quarantine Station

BY BARNABAS MANEBONA

Coronavirus (Covid-19) quarantine graduates, especially from Chengs facility are seeking for the possibility of ‘counselling service’ to be provided.

According to some graduates, staying in quarantine for a long period has been challenging for them and they struggle to readjust when they return to their homes and families.

Because of such experience, quarantine graduates during early this week’s first 2021 ‘Talk-Back Show’ raise question to the national government, seeking for the possibility to be provided with counselling service.

In response to question, Dr. Gregory Jilini from the Ministry of Health and Medical Services (MHMS) assure those graduating and facing such experience that they can avail counselling services to those who need it.

“I think what we can say is we can avail counselling services to those who will need it. What I will advise is if they could contact us so that we can reach out to them and provide the counselling services that they will need.

“The hotline toll free is ‘115 and 25256’, so please call any of those numbers so that we can reach out and provide help,” said Jilini.

So close, yet…

Written by
Barnabas Manebona
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Chairman of the Oversight Committee Dr Jimmie Rodgers

-Bougainvilleans stranded on this side of border since last year

-Government blames PNG

BY BARNABAS MANEBONA

A NUMBER of Bougainville people have been stranded at the western border since the state of public emergency began in March 2020.

And they want to return to their homes.

They have sent requests to the Government to make an arrangement where they can be transported across the border with the help of police from both countries.

The Bougainvilleans say although they are just a boat ride away, they could not travel across because the border has been secured by police from both sides.

Secretary to Prime Minister (SPM) Dr Jimmie Rodgers in response to this issue explained that the problem at this stage is PNG’s requirements.

“We sympathise with the people of Bougainville wanting to go back and our people wanting to come across,” Rodgers said.

“From the government side we have been looking for ways to help them go back,” he added.

“But the problem lies with the requirements the PNG government has imposed.

“There are two requirements.

“One is that the ‘incident controller’ at PNG must give approval before we can send someone across.

“And the second part is once approval comes, PNG requires Covid tests using PCR machines. They do not use what we have at Gizo.

“It is three days before they go. So where the Foreign Affairs now is to try and seek approval from PNG so that they can approve for their citizens to return.

“As soon as we get approval, we will sort out their testing, because the swab has to be collected, sent up to Honiara, tested here, result goes back and by the time results is done, within three days they will go.

“The process for how to do it is what they are talking about.

“Once approval comes and test is ready then we will activate our immigration and theirs, our police and their police to do the actual transfer.

“But before we can go to the operational side, this policy side must happen first. 

“We are expecting the new High Commissioner of PNG to arrive towards the end of this month.

“Once he gets here, communication with PNG might be easier so that we can quickly get approval from the other side.”

Rodgers assures the Bougainvilleans that the Government is doing its part to help them return home.

No home for football

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Admin
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Lawson Tama Stadium. Photo supplied.

SIFF handed short term lease

BY PETER ZOLEVEKE II

THE iconic Lawson Tama Stadium will likely no longer be termed as the Home of Football in the Solomon Islands.

This was after negotiations between the Solomon Islands Football Federation (SIFF) and the Honiara City Council to renew the federations’ lease on the stadium did not work out in football’s favor.

According to SIFF reports, the Lawson Tama will no longer be called the ‘home of football’ because of the council’s lease termination end of last year.

While the HCC, the Solomon Islands Football Federation’s and TSL board had met twice early this month, the only agreement the parties have reached was for SIFF and the TSL Board to complete matches for Round 2 of the 2020-2021 seasons of the premier league.

Parties involved have already drafted a short term Memorandum of Understanding (MOU), an agreement between HCC and SIFF’s TSL board to regulate football and continue to use the iconic ground to complete the TSL matches, which resumes this weekend.

The short term Lawson Tama proposed deal settlement has left SIFF with limited options but to seek compensation from HCC for the developments done at the stadium over the years.

A SIFF well-informed insider revealed to SunSPORTS that the football governing body will no longer challenge the contract on legal grounds.

However said SIFF will be seeking compensation from the HCC for previous development the federation had done at the stadium.

“HCC termination of the lease agreement is final. SIFF cannot challenge it, legally it has been reached and by a way of compensating the developments that have already been taking place at the stadium is the forthcoming option for SIFF,” he said.

SIFF President Willie Lai when contacted regarding the issue says they are hoping for the national government to intervene since the country’s number one sport will be without a standard stadium within two years – pending on construction of the new football home at the former ROC Taiwan farm at King George by end of the year 2022.

“We have worked towards everything for Lawson Tama stadium to get things done, and unfortunately our negotiations didn’t work out in football’s favor,” Mr. Lai admits.

“Ultimately, we are seeking the government’s assistance.

This setback means, organized national football competitions apart from TSL, SIFF will have to look for alternatives.

 “Lawson Tama has been a global highlight of Honiara City and it has been a commercial site because of football,” Lai adds.

HCC ceased the lease agreement on 31st December 2020 citing there was no record of MOU backdated to 2017 when the lease has lapsed and also accusing SIFF of not living up to their end of the deal of allowing other sports or activities to take place within the stadium. 

The original agreement between SIFF and HCC was on a four years term, and unlikely there are no plans for its renewal for football as HCC wants it to be a multi-sporting venue.

Government to establish new Bill

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Chairperson for NHA and Secretary to the Prime Minister, Dr Jimmie Rodgers.


BY BEN BILUA


THE government is in an initial stage of drafting a new legislation that will provide legal provisions in times of Pandemic.Final consultation will be held on the third week of this month and third week of February since the idea was established late last year.


Speaking during the Talk Back Show over the weekend, Secretary to the Prime Minister Dr Jimmy Rogders said the government will bring in provincial leaders to be part of the final consultation and at the same time crafting the Bill.


He also said that the government will present the Bill to Parliamentary Opposition group for inputs so that both parties are on the same page in the development of the Bill.


Dr Jimmy said the final draft will be completed by the end of February before submission to the Parliament Bill’s Committee on first week of March 2021.


He said the Bill will replace the powers and discretion currently exercised under the State Of Public Emergency (SOPE) if passed in parliament.


Dr Jimmy said powers and discretion under SOPE will expire on 24th of March as such supporting the Bill is important to maintain efforts against COVID-19.

HIGH FAIL RATE

Written by
Mavis Podokolo
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Only 838 pass to Form 7 out of 4,494 students

EIGHTY-ONE percent of form-six students who sat for the 2020 final-year examinations did not make it to form-seven.

This was despite the examination offered at a ‘moderate’ difficulty level, ministry of education says.

John Liliu, manager for National Education Assessment Division (NEAD) Ministry of Education and Human Resources Development (MEHRD) in an interview yesterday said this means the transition rate for form-six to seven is 19 percent of the 4494 ‘this means only 19 percent are qualified to form seven’.

“This year’s result revealed that 81 percent of students which is equivalent to 3657 were not be able to get a placement in form seven.

“My advice is we have other options on other organisations and intuitions like the Solomon Islands National University (SINU) and of course the University of South Pacific (USP) centre.

“I want to request our good students in the country this is not the end, there is more opportunities out there and I would like to encourage you continue strive.

“We have a lot of organisations who will provide space for you to excel further in your education,” he said.

Mr Liliu said having less students getting into form seven is a ‘long time issue’, even before covid-19.

He adds that for this year’s results it is also believed that covid-19 is an exacerbating factor to this matter.

“However, speaking of coivd-19 situation in terms of preparedness on examination coverage the level of difficulties on examinations this year is moderate.

“We actually scale the difficulty level, I think it is the most easiest examination students and teachers come across, because we actually mapped out in terms of the preparedness of school.

“For instance, some schools have classes only on Mondays, Wednesdays and Fridays so in terms of coverage it will not really in depth.

“Because of those factors we came up with a paper that its difficulty level is just moderate. It is risk to lower it because students would not be able to critical in their thinking,” said Liliu.

He said the ministry has a responsible division who will work to consider the drop-out students as this is an issue the government needs to address for the citizens to avoid causing of social issues in the society.

“As responsible body we make sure to provide the avenue for them for senior secondary expansion the government has its plan,” said Liliu.

Gov’t remain committed to prevent spread of covid-19

Written by
Mavis Podokolo
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THE Solomon Islands Government has stressed that it remains committed in implementing strict measures to prevent further potential importation and spread of covid-19.

According to the National Disaster Council report it stressed that the government remains loyal to implement strict measures to stop covid-19 spreading.

“Priority is to ensure a zero covid-19 community transmission. The country is currently being successful in containing the disease in the quarantine stations,” the report said.

The statement adds Solomon Islands has so far recorded 17 Covid-19 cases.15 have recovered (returned negative test results). Total number of active cases to date stands at 2 and all positive cases are monitored on a daily basis at the Central field hospital.

“Formerly positive cases who have been released after meeting health requirement are being traced by the MHMS, however, two have been noted to have gone off the reach of the contact tracing team from the MHMS,” the report said.

Forms 4 and 6 placements to be released today

Written by
Barnabas Manebona
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Deputy Secretary of the Ministry of Education, James Bosamata

FROMS ‘Four and Six’ national examination placements will be declared today and released to the public.

Deputy Permanent Secretary (DPS) of the Ministry of Education and Human Resource Development (MEHRD) Mr James Bosamata updated this during yesterday’s first 2021 Coronavirus (Covid-19) ‘Talk-Back’ Show.

Form ‘Six’ results or in other words Form ‘Seven’ placements for 2021 according to Mr Bosamata will be released on Wednesday January 20.

“On exam results, as we already know, Year Seven or Form One placement, we already released them on Thursday and Friday last week. That one is already done,” said Bosamata.

“Forms Three and Five results or in other words Forms Four and Six placements, we will release or declare them tomorrow [today Monday], and it should be released to the public.

“Form Six results or in other words Form Seven placements for 2021, we will release them on Wednesday January 20. That is for examination results.”

MEHRD’s update comes as good news for parents anticipating national examination results of 2020 for 2021.

Logger turns on other loggers

Written by
Eddie Osifelo
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ORION Limited Managing Manager, Chan Chee Min has questioned the “tactics” and “ploys” employed by some logging companies operating in the country to export logs overseas.

Chan gave examples of companies like FR Resources, ES Suba Enterprise Limited, Bulacan International Limited and Price Word Product (PWP) Limited, who are members of Solomon Forest Association (SFA).

He said FR Resources allegedly operated illegally under ES Suba Enterprises Limited felling licence Number A101639 on Lot 32 on Kubongava customary land in South West Choiseul.

Chan said FR Resources fell and exported 7,000 cubic meters of logs through Bulacan International Limited on November 2018.

This despite an existing High Court Injunction Orders under HCCC 246 of 2018 over the land was in place.

He said Bulacan Integrated Wood Industries in conjunction with ES Suba Enterprises Limited have allegedly fraudulently obtained felling licence number A101639 covering Lot 32 as well.

Chan alleged the proceeds from the shipment of the 7,000 cubic meters was released by Consent Order, but landowners Billy Tudubatu said he did not sign any consent Order.

He said it was understood that the Consent Order was allegedly signed by the Attorney General Chambers.

“This matter needs to be investigated into as it involves the Attorney General Chambers,” he said.

Island Sun understand former Attorney General James Apaniai had left the office in October 2018.

He was replaced by current Attorney General John Muria Junior.

The paper contacted Apaniai for verification but he could not answer his phone.

Furthermore, Chan said FR Resources made a deal to acquire a SFA member company, PWP.

He said it is public knowledge within the logging industry that PWP was acquired at a price tag of SBD $2 million.

PWP was owned by a Malaysian logging company that had a short logging operation in the Solomon Islands.
Records shows that PWP was alleged to be involved in certain unprecedented practices.

The owner of PWP sold the entire entity, properties, sawmill at Noro, Western Province and licence in a “lot stock and barrel” to Samlimsan (SI) Ltd.

Samlimsan (SI) Ltd then sold PWP to two Malaysian logging owners.

PWP is currently operating on Subavalu customary land in South West Choiseul under felling licence A101851 without going through the Timber Rights acquisition procedures.

Chan said the same felling license A101851 was issued to Subavalu Community Investment Limited.

“This is the second time because Bulacan Integrated Wood Industries (Company) Limited acquired the first felling licence number A10820,” he said.

“All the connections are being established.

“This can easily prove that SFA is working a conspiracy of a scam under the pretext of Legal Notice 114 of 2007 or at least it has a characteristic of a cartel,” he alleged.

Chan was trained in the public accountant, auditing, tax evasion investigation and corporate management environment.

He has worked in the Solomon Islands logging industry since 1988 and is very familiar to the system.

ONE BUT ‘LANGI’

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Technical advisor to Ministry of Health and Medical Services, Dr Yogesh Choudri

Government to apply for covid-19 vaccine today for only 0.25 percent of country’s population

BY BEN BILUA

THE hype over covid-19 vaccine dies as reality sinks in with the possibility that Solomon Islands may only get enough vaccines for 0.25 percent of the population.

Government is reportedly submitting an application to COVAX today for this.

This may mean that only the front-liners and those immediately exposed to covid-19 while performing their jobs as well as patients with covid-19 will be the first to be immunised.

This is for the first batch of vaccines, and the rest of the population will have to wait longer for the next batches, which no one knows when we will receive them.

Previous reports said the country was expecting enough vaccines to cater for 20 percent of the population, but this changed last week.

Speaking during the talkback show at the Solomon Islands Broadcasting Corporation (SIBC) yesterday, Dr Yogesh Choudri, advisor to the Ministry of Health and Medical Services (MHMS) said the government through MHMS will submit an application to COVAX today for the vaccines.

The application is for vaccine enough to immunise 0.25 percent of the country’s population.

“We made the application to COVAX last month………last week under the first roll out of COVAX, they (COVAX) will give us enough vaccine to immunise 0.25 percent of the total population.

“We will submit the application to COVAX tomorrow (today),” he said.

Mr Choudri explained that the process to get the vaccines takes time and whatever feedback depends entirely on COVAX.

“So, we have to make the application……we may get the vaccine or we may not get the vaccine is not confirmed yet, but we are making all the plans so that when we receive the vaccine, we will able to immunise the people,” he said.

Choudri said that there is another issue that needs to be addressed before the vaccine reached the country.

He said the vaccine has to be stored at minus 70 degree Celsius.

“We don’t have minus 70-degree facility right now in Solomon Islands, so it will pose us operational challenges but we are getting ready for the actual advancement once we receive the vaccine,” Choudri said.

He said Solomon Islands government is one of the recipients under the COVAX mechanism of World Health Organisation (WHO).

Choudri explained that COVAX is a mechanism that has been set up by WHO, UNICEF, GAVI to supply vaccines to countries on an equitable basis.

He said the vaccine consideration is Pfizer Covid-19 vaccine which has been used all over the world.

In the meantime, Choudri said his team is having discussions with bilateral donors to supply extra vaccine.

He adds that his team is also monitoring the side effect of the vaccine to identify potential mitigation mechanism before immunisation rolls out.

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