BY ROMINAH FAKA
The Magistrate Court is set to review the warrant of arrest issued for a key witness who failed to attend court for the trial of the former leader of the Isatabul Freedom Movement (IFM), which was scheduled to begin last week.
Yesterday, prosecution informed court that police had attempted to execute the warrant of arrest by visiting the witness who is residing in Honiara. However, the witness was not at home and police tried calling his phone but were unsuccessful as his phone was switched off.
Court adjourned the matter to June 23 for a review of warrant. Principal Magistrate Elma Veenah Rizzu Hilly directed the police to ensure the warrant is executed and to provide evidence of their efforts either through a sworn statement or by appearing in court to explain the steps taken.
The prosecution was also directed to confirm its position on the case and to consider finality of the case.
John Damusi, 53-year-old former leader of Isatabul Freedom Movement (IFM) charged with one count of conspiracy to commit arson contrary to section 383 and 319 of the Penal Code. He pleaded not guilty to the charge.
He then challenged the record of interview on the grounds of unfairness.
He alleged that he was not given the opportunity to seek a lawyer or speak with a lawyer before or during the interview.
Damusi also mentioned that the record of interview was conducted early in the morning at a time he and the lawyers alike should be sleeping.
Voir dire trial was conducted where prosecution called two witnesses for the voir dire trial and after the trial completed, defendant Damusi through his lawyer chose to remain silent and his lawyer submitted closing submissions.
Court thus ruled in favor of the defendant Damusi by dismissing the Record of Interview (ROI), which the piece of evidence (ROI) will no longer be used in the proper trial.
Prosecution alleged that Damusi was accused of planning to burn down the Mamara Housing Estate Development Building and conspiracy attack other state-owned properties between the March 17 to 6 May 2023.
He also was alleged to have conducted meetings with former militants to discuss their protests with the National Government for a prolonged addressing of their rehabilitation claims.
The group allegedly discussed several actions to destroy and damage infrastructures owned by the state with fire.
Unfortunately, their plans did not happen as the police interfered and arrested them.
Delilah Kukura Fagani represent Damusi and Mary-Anne Zurenuoc is prosecuting.
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