BY MELVILLE TITIULU
The Honiara Central Magistrate Court has further adjourned a criminal case involving a foreigner accused of illegal gold trading after the defendant told his interpreter in court that he did not understand the particulars of his charge as read out to him.
Xiao Yulin, 39, a Chinese national, was charged under sections 53(a) and 63 of the Mines and Minerals Act for allegedly engaging in illegal gold dealing and for allegedly obtaining a Business Certificate by False Pretence under section 311 and section 41 of the Penal Code.
Prosecution informed the court yesterday that it intends to proceed with the two charges.
An interpreter, Mr Jason Indu, was called yesterday after the defence lawyer requested him to properly assist the defendant in taking his plea.
Mr Indu took his oath at the witness box and translated from English to Chinese the 2 counts of charge and their particulars to the defendant, whilst the Chief Magistrate read out those counts of charges one after the other to the defendant in English.
Mr Yulin pleaded not guilty to the first count of the charge for alleged illegal gold dealing.
However, it was the second count of obtaining a business certificate by false pretence that the accused found hard to understand and respond to.
“Prosecutor, the defendant does not understand all the particulars of the charge,” the Principal Magistrate said.
Fraud Unit investigation documents revealed Mr Xiao Yulin was employed by Happy Inn Company, trading as “Fastina Gold Buyer” under a licence registered for Alligator Creek.
It was alleged that the accused illegally bought gold at the rate of $850 per gram with a signboard displaying ‘Buy Gold’ at Tenaru junction, Central Guadalcanal—an area not covered by the license.
The Gold Dealer’s Licence (GDL) is intended for Solomon Islands citizens only and is non-transferable.
Currently, issuance of GDL licenses is suspended after Gold Ridge Mining Limited notified the Ministry of Mines of non-issuance, following reports that licenses that were intended for local entrepreneurs were being exploited by Chinese gold buyers.
The prosecutor asked that the court adjourn until Monday for him to rectify the particulars as contained within the charge of false pretence before the defendant can take his proper plea.
Defence counsel, Mark Sina, suggested to the court that the prosecution serve the amended charges in advance, before Monday, so that he can give instructions to Mr Yulin before arraignment.
In the meantime, the police bail for Mr Yulin was further extended till Monday, and his interpreter was also asked to be available on Monday.
Chief Magistrate Lomea subsequently granted an adjournment to Monday, May 18, at 9 am, when the accused is expected to enter his plea to the second count of false pretence.
Steward Tonowane is prosecuting the case, and he represents the Office of the Director of Public Prosecutions, while Private Defence lawyer Mark Sina from Honiara Attorney at Law represents the accused.
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