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PETITION TIME IS ON

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Candidates, electors have 30 days to file, starting May 3

BY NED GAGAHE

The period for election petitions is on.

The election petition timeframe of 30 days began when the Electoral Commission (SIEC) officially announced the gazette election results on its website on Friday, May 3.

The window for election petition closes at midnight on Saturday, June 1, 2024.

SIEC confirmed yesterday to Island Sun that the window of 30 days for candidates participating in the joint election to lodge petitions with the High Court of Solomon Islands is now active.

According to Electoral Act election petitions can be filed within 30 days after the gazette to officially open this process to allow those who were not happy with the election results to file a petition seeking legal interpretation and action.

In accordance with Electoral Act, election petitions are permissible within a 30-day window following the gazette publication.

This process formally initiates the avenue for aggrieved candidates or individuals to lodge petitions, seeking legal action regarding the election results.

In the 2024 joint election, a notable participation was observed with a total of 334 candidates contested for seats across the 50 constituencies in the parliamentary elections.

Additionally, for the provincial and HCC wards, with the exception of Duidui Ward in South Guadalcanal a total of 905 candidates contested, comprising 816 candidates for provincial assemblies and 89 for the HCC. Initially, Duidui Ward had seven candidates nominated for the election.

Addressing queries regarding petition in a media conference on April 24, Jasper Anisi, the Chief Electoral Officer of SIEC, emphasised that individuals, including voters and candidates, retain the right to lodge an election petition through the High Court of Solomon Islands, challenging issues of undue election.

He said such petitions undergo transparent proceedings within the open court system, ensuring fairness and accountability in the electoral process.

“In accordance with the provisions of the Electoral Act, every individual retains the right to engage in the legal processes outlined within it.

“The Act outlines the permissible types of petitions that can be lodged to challenge electoral outcomes.

Emphasising the significance of this process, Anisi stressed that the High Court will ultimately decide on the merits of such complaints or allegations.

He said should the court find them lacking in substance, they reserve the authority to dismiss them (claims) as frivolous, meaning claims which are devoid of any arguable basis.

Meanwhile, Island Sun also understands that publication of gazette notice also initiates the beginning of the 90 days period for submission of candidates’ election campaign expenses.

“Within 90 days after the publication of an election result, a candidate in the election must submit to the CEO a statement of account specifying:

“(a) all expenses incurred by the candidate in relation to the candidate’s campaign for election; and

“(b) the source of all funds (including the amount received from each source) used to meet those expenses.

On Friday May 3, SIEC published the official results and gazetted copies of the 2024 joint election, on its official website www.siec.gov.sb.

According to the Electoral Act 2018: PART 8 PETITIONS RELATING TO ELECTIONS AND MEMBERS OF PARLIAMENT

Section 108: Election petition

(1) An “election petition” is a petition to the Court (other than a status petition or vacancy petition) in which a person complains that a member of Parliament for a constituency was not validly elected.

(2) The following persons are entitled to file an election petition:

(a) an elector in the constituency to which the petition relates;

(b) a candidate for the election in the constituency.

(3) An election petition must be filed within 30 days after the result of the election is published under section 107.

(4) The Court may, when hearing an election petition, order the returning officer for the constituency to do any of the following:

(a) produce any invalid ballot papers;

(b) open and produce a sealed packet of counterfoils of used ballot papers;

(c) produce any counted ballot papers;

(d) produce any tendered ballot papers and the tendered votes list.

(5) Without limiting the circumstances in which the Court may find that an election is void, the Court must declare the election of a candidate void if it finds that the candidate was not qualified for election or was disqualified at the time of the election.

Section 109:  Status petition

(1) A “status petition” is a petition (other than an election petition or vacancy petition) on a question as to the right of a person to be a member of Parliament.

(2) The following persons are entitled to file a status petition:

(a) an elector;

(b) the Attorney-General.

(3) If the Court decides that a person who is a member of Parliament is not entitled to remain a member of Parliament, the person ceases to be a member on the date of the decision.

Section 110: Vacancy petition

(1) A “vacancy petition” is a petition (other than an election petition or status petition) on a question as to whether the seat of a member of Parliament has become vacant.

(2) The following persons are entitled to file a vacancy petition:

(a) a member of Parliament;

(b) the Attorney-General.

(3) If the Court decides that the seat of a member of Parliament has become vacant, the seat becomes vacant on the date of the decision.

Section 111: Procedures and rules for petitions

(1) The Court:

(a) must hear and decide a petition under this Part in open court; but

(b) may dismiss a petition without a hearing if:

(i) the petition is frivolous or vexatious; or

(ii) there are insufficient grounds to warrant the hearing of the petition.

(1A) The Court must decide a petition under this Part within 12 months after it is filed.

(2) The decision of the Court on a petition under this Part is final.

(3) The Chief Justice may, subject to this Act, make rules of practice and procedure in relation to petitions under this Part.

(4) Subject to rules made under subsection (3):

(a) the procedure at the hearing of an election petition, must (as near as possible) be the same (and the Court has the same powers, jurisdiction, and authority) as if it were a civil action; and

(b) witnesses:

(i) may be summoned and sworn in the same manner as in the hearing of a civil action; and

(ii) are subject to the same penalties for perjury.

(5) The Court must give a certificate of its decision on a petition under this Part to the Commission, the Governor-General and the Speaker.

Section 112: Non-compliance with this Act

(1) This section applies if it is established during a hearing of an election petition that, in relation the election concerned, there was:

(a) a failure to comply with the time required for doing anything under this Act; or

(b) an omission or irregularity in filling out a form required under this Act; or

(c) a lack of or defect in the appointment of an electoral official or polling or counting agent; or

(d) an absence of, or mistake or omission or breach of duty by, an electoral official before, during, or after polling.

(2) The Court must not declare the election invalid only because of the matter mentioned in subsection (1) if the Court is satisfied that:

(a) the registration of electors and the conduct of the election substantially complied with the Constitution, this Act and any other written law; and

(b) the matter mentioned in subsection (1) did not affect the result of the election.

Manele extends hand of cooperation to Wale

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MP Elect Mathew Wale and PM Jeremiah Manele

BY CAROL-ANNE SULEGA

IN a conciliatory gesture aimed at fostering unity and collaboration in the political arena, Prime Minister Jeremiah Manele extended his acknowledgment and respect to Hon. Mathew Wale, the Parliamentary Wing Leader for the Coalition for Accountability Reform and Empowerment (CARE), and the opposition coalition.

Addressing Wale in his inaugural speech yesterday, Prime Minister Manele expressed his recognition of Wale’s candidacy for Prime Minister and the importance of the opposition’s role in providing checks and balances to the Government of National Unity and Transformation (GNUT).

“I also acknowledge the other candidate for Prime Minister, Hon. Mathew Wale, and the other coalition group,” Prime Minister Manele stated, affirming his commitment to inclusive governance and acknowledging the diversity of perspectives within the political landscape.

Manele expressed confidence in Wale’s dedication to serving the people and the country, despite their differing political affiliations. “Whilst we may be on opposing sides, we all have one ultimate purpose, and that is to serve our people and country,” he remarked, emphasizing the shared goal of national progress and development.

The Prime Minister concluded his remarks with a message of goodwill, invoking divine guidance for Wale and his colleagues as they discharge their duty to the people. “May God grant you wisdom in the discharge of your duty to our People,” Manele stated, underscoring the importance of wisdom and integrity in political leadership.

Manele’s outreach to the opposition signals a commitment to cooperation and constructive engagement, setting a positive tone for political discourse and governance in the nation. As both government and opposition work towards their respective goals, Manele’s call for unity and mutual respect lays a foundation for collaborative efforts aimed at advancing the interests of the people and the country as a whole.

‘Newly elected PM commends peaceful democratic process’

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PM Jeremiah Manele. Photo supplied.

BY CAROL-ANNE SULEGA

IN a historic moment for the nation, the newly elected Prime Minister (PM), Jeremiah Manele took to the podium,addressing the country after being elected by Members of Parliament in a session free from violence or disruption.

Manele, in his inaugural speech, emphasized the importance of upholding the democratic process and fostering a culture of peace and stability in the nation.

The country’s new PM stated that, gone are the days of tumultuous elections marked by acts of violence and destruction, as he thanked the parliamentarians for their confidence in him to lead the country forward.

Acknowledging the scars left by past election-related violence on the economy and livelihoods of the citizens, Manele stressed the need for a new era characterized by respect for the democratic process.

“Our economy and livelihoods have suffered because of this violence,” Prime Minister Manele remarked, alluding to the detrimental impact of political unrest on the nation’s prosperity. “However, today, we show the world that we are better than that.” Manele added.

The newly elected Prime Minister called upon the citizens to embrace a culture of respect for democratic institutions and the peaceful transfer of power, setting a positive example for future generations. “We must respect and uphold the democratic process of electing our Prime Minister,” he urged, “and set an example for our children and their children.” He fuurther stated.

Manele’s ascension to Prime Minister marks a significant milestone in the nation’s journey towards political stability and democratic governance. As he assumes leadership, all eyes are on Manele to deliver on his promise of steering the country towards prosperity while fostering an environment of peace, unity, and progress.

Japanese Embassy Palau: Stop Radiological Terrorism

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In the early hours of April 29, a man of Caucasian descent broke into the compound of the Japanese embassy in Palau with the intention of initiating a vigorous environmental protest against Japan’s fifth round of nuclear water discharges. The man allegedly sprayed an unknown red liquid mixture in multiple locations and hung protest banners in the embassy area parking lot. Pictures and videos taken at the scene show that the protest banner, which reads “stop Radiological Terrorism,” is about eight meters long with red characters on a white background.

The red liquid, which was found to be a mixture of paint and fish blood, stretched from the ground in front of the Japanese embassy to the entrance of the embassy. Officials from the embassy arrived on the scene following the incident. Tritium, a radioactive isotope and possibly other radioactive traces are present in the wastewater but Japan maintains that it is safe. It is a long-term environmental threat that could impact ecosystems all the way to North America, according to experts in neighboring countries.

Police are investigating but have not made any arrests in this case and embassy officials have refused to comment on this case. It could prove to be an embarrassment to Japanese Foreign Ministry political Secretary Masahara Komura who is currently visiting Palau.

PRESS RELEASE

Logging decreases for Malaita

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BY SAMIE WAIKORI

MALAITA has registered waning logging activity across the province in the first quarter of 2024. It is a positive sign and evidence that the provincial forestry ordinance is at play.

The forestry ordinance was engineered by the Suidani-led MARA government aimed at incurring high fees for operations, as a way to stop logging operations in the province.

According to the provincial forestry office in Auki, only eight logging companies are operating in the province. Focus of operations are Are Are and Small Malaita regions as well as few in West Kwaio.

Compare the current number of operations to the previous years, this is the first time Malaita province to register a lowest number of logging operation in the past 3 or 4 decades.

Malaita province at one time in the recent past registered a staggering 21 active logging operations in the province just in a single year.

The lowest Malaita could reach per annum so far is 10, and now with 8, it’s a sign that resource owners begin to realize the importance of their resources.

The forestry office in Auki revealed the information to this paper, however a dull forecast is looming for the province as more applications logging operations are pending.

 “At the moment we are number of pending applications that if granted, it will surge number of operations for the province in the next couple of months.

“The current operation, although at 8, it doesn’t mean there is no potential operation. It is, but the number of operations expect for the province from now on will not that high as the past years.

“This is due to shortage of forest stock currently experience in the province as a result of over exploitation of forest resources by logging industry in the past years.”

The forestry office furthered that the focus of logging activities in Malaita province for the past years were; West Kwaio, Are Are, Small Malaita and Fataleka and West Kwara’ae.

These are the only regions in the province still have forest stock, but continue operation in these areas has reduced the stock to only few remaining.

In an attempt to curb the industry in the province, Malaita provincial government recently passed an ordinance to minimize logging operation and encourage forest resource management.

PM Manele pays tribute to Guadalcanal

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PM Jeremiah Manele. Photo supplied.

BY CAROL-ANNE SULEGA

IN a heartfelt address on Thursday, newly elected Prime Minister (PM), Jeremiah Manele extended his gratitude to the people of Guadalcanal for their generosity in hosting the capital city, Honiara, on their land.

Acknowledging the significance of this gesture, Manele emphasized the importance of honoring the past, present, and future traditional landowners of the area.

“I wish to pay tribute to the people of Guadalcanal for graciously giving up their land and allowing us to host our capital, Honiara,” Prime Minister Manele stated, expressing deep appreciation for the hospitality extended to the nation.

He reiterated his commitment to recognizing and respecting the rights of the traditional landowners, highlighting the need for unity and cooperation in fostering a harmonious relationship between the inhabitants of Honiara and the landowners.

Continuing his address, Manele called upon the residents of Honiara to demonstrate the utmost respect towards the landowners, recognizing their role as custodians of the land upon which the city stands. “Honiara has become home to many of us, and we must treat it as such,” he urged, emphasizing the importance of cultivating a sense of belonging and responsibility towards the capital city.

Prime Minister Manele’s call for unity and respect towards the landowners resonates deeply in a nation where issues of land ownership and rights have often been contentious.

By acknowledging the contribution of the Guadalcanal people and urging mutual respect, Manele aims to foster a spirit of cooperation and collaboration essential for the continued development and prosperity of Honiara and the nation as a whole.

Pastor and gang plead not guilty

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BY ROMINAH FAKA

The pastor and the gangs pleaded not guilty in magistrate court yesterday.

They denied counts of criminal trespass and count of malicious damage.

One of them, Junior Rollin, faces an extra charge of being in possession of firearm. For this charge he will take his plea on May 17.

Court adjourned to May 17 for Pre- Trial- Conference (PTC) and for possible listing of trial dates.

The nine accused namely, Pastor Bernard Bana, 34, Charles Bane, 72, David Bane, 35, Junior Rollin, 27, Thomas Fenli, 37, Albert Ramo, 21, Rolland Fiu, 41, Patterson Iugasia, 38, and Jacob Gore, 47, are all jointly charged with Criminal Trespass and Malicious Damage.

Allegations said leading up to the incident, Pr Bana had locked up church properties which had been presented to the Bazo SSEC church on Savo by sister churches on Honiara.

This reportedly did not go down well with the Bazo community.

This disagreement eventually led to Bana leaving Bazo for Honiara in January this year.

Two weeks later Bana’s wife returned to Bazo to collect their belongings.

It is alleged while she was packing up their belongings; a man (who would later become the complainant in this case) approached the pastor’s wife and told her to leave the church properties alone.

The wife reported this to her husband (Bana) upon return and he responded by telling her to inform the Bazo community and the man who had approached her to prepare $10,000 as compensation for him (Bana).

On Thursday, February 22 Bana and the other eight defendants met near the Yacht club sea front where Bana paid a sea fare of $700 and they crossed to Bazo Village, Savo at 5pm.

Allegations continue that they first shored at Koromilo village where they unloaded seven cartons of beer and headed to Mora village.

They arrived around 6pm in the evening and walked straight to Bazo village, to the complainant’s house.

The complainant and his family were in their kitchen having dinner when defendant David Bane came and spoke with him. One of the defendants threw a punch at the complainant but missed.

One of the defendants grabbed the complainant’s shirt while another defendant who was armed with an axe moved in to attack the complainant. However, the complainant freed himself and escaped.

Rollin gave chase with his home-made pistol but could not catch him, so he returned and threatened one of the villagers with the weapon, it is alleged.

The defendants then turned on the complainant’s house and properties and damaged it.

The total amount of the damaged properties is reportedly $10,470. These include the damaged solar watts, large bucket, and pieces of iron roofing, pots, cups, plates, spoon, luggage basket, dwelling house and kitchen house.

Allegations added that on February 23 the defendants to 16 pieces of roofing iron and a tank belonging to the Bazo church and sold them to some people from nearby Lokanipeo village.

Bazo community reported the matter to the police. On Saturday, February 24 the defendants were about to board a boat back to Honiara when the Police Response Team arrived and apprehended all the defendants and escorted them to Tulagi police station.

Next day they were escorted to Honiara.

Iete Tebakota of Police Prosecution Department act for the Crown and Rochelle Palmer of PSO represent Pastor Bernad Bana, Rolland Fiu, Albert Ramo, Charles Bane and Junior Rollin and Bobby Harunari of PSO represent Thomas Fenli, Patterson Lugasia, Jacob Gore and David Bane.

Former POB officer’s case moved to May 6

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BY ROMINAH FAKA

The case of former Pan Oceania Bank (POB) officer Shuyee Eli Yan was further suspended to Monday next week for parties to finalise the issue of the amount the accused stole.

On Wednesday’s hearing prosecution told court it had submitted revised charge sheets to defence, and is waiting for defence to update crown and court on its position.

Defence however told court it needed more time to go through the revised sheet thoroughly.

Defence also said the amount in the charge sheet appear to be different to the amount with which the defendant had pleaded guilty to.

Court adjourned the matter to May 6 for the final charges and facts and submissions to be made.

Yan plead guilty in a previous hearing to 16 counts, four forgery charges and 12 larceny by servant charges.

Yan was charged with the following offencee between 28 June 2021 and 26 August 2022, when she worked as one of the Bank Officers for the Pan Oceanic Bank (POB).

The prosecution alleged defendant stole a large amount of money between 28 June 2021 and 26 August 2022 from Saibuloa Landowners Association’s account by transferring through interest banking to the account of other POB customers or users.

The allegations state that those customers would then withdraw the money from their account and give the money to the accused Yan.

The prosecution further alleged she received a total of $350,500 after giving commissions to the customers that she used to transfer money to their account and they will withdraw the money for her (accused).

The prosecution also alleged Yan forged a document namely Application to Release Dormant Account Status of the Dangi Tughu account that contains the forged signatures of the three signatories of the Dangi Tughu account.

Yan also accused of forging a letter titled Authorization to Transferring of Funds from Dangi Tughu account to Saibuloa Landowners Association account that contains forged signatories of Dangi Tughu account.

She was further accused of forging a POB withdrawal slip with the sum, of $ 25,000 under the Dangi Tughu account that contains forged signatures of the two signatories of the Dangi Tughu account.

Vernon Taupongi of Office of Director of Public Prosecution appears for Crown and Delilah Kukura of Public Solicitor Office appears for the accused.

One Link missing $300k case mentioned in court yesterday

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BY ROMINAH FAKA

Trial for the case against the Police Officer accused of stealing $300,000 kept as exhibit at the Police storage facilities at Rove in Honiara in 2020 is set for August 19-30 this year.

At yesterday’s mention the court set a new trial date as the previous trial date was vacated during the previous hearing.

The trial date was proposed for August this year however, the prosecutor in carriage of the file Olivia Ratu Manu is yet to confirm her availability on the proposed date on the interim-mentions date set by the court yesterday.

Court suspended the matter to June 5 this year for interim-mention, prosecutor in carriage of the file to confirm to the court her availability on August 19-30.

Mr. Makasi Dolaiano is facing one count of stealing as a clerk and he denied the charged by pleading not guilty to it.

The prosecution alleged that the defendant stole $336,891.20 that was kept as an exhibit for a trial in the Honiara Magistrate Court in October 2020.

It was further alleged that the defendant was said to be one of the officers manning the exhibit storage facility at the time when the $300,000 went missing in October 2020.

The $300,000 belonged to One Link Pacifica customers.

Police recovered the monies after they arrested the manager of the money investment scheme in April 2020.

The 300k was initially kept at the exhibit storage facility at the Central Police Station and then transferred to the exhibit storage facility at the Rove Police Headquarters where it went missing.

George Gray of Public Solicitor’s Office represents Dolaiano and Office of Director of Public Prosecution act for the Crown.

Nori refutes allegations of 1 million dollar offer

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BY JENNIFER KUSAPA

SPECULATION has arisen regarding an alleged offer of 1 million dollars to Member of Parliament for Maringe Kokota Constituency, Cathy Nori, to join the Government of National Unity and Transformation.

Ms. Nori, however, refuted these claims, stating that neither OUR party nor any representative thereof had approached her with such an offer.

“I want to make it clear that at no point was I contacted by our party with an offer of 1 million dollars to join. It goes against my principles to be swayed by monetary incentives. I am committed to representing my constituents with integrity and respect, not for financial gain,” Nori said.

She emphasized that the speculation surrounding the alleged offer is unfounded and inaccurate.

“I want to set the record straight: I have not been offered a million dollars by OUR party. Such rumors undermine the values I stand for,” Nori highlighted.

Mrs Nori is a member of the Solomon Islands United Party and was among the MPs who nominated Matthew Wale for the position of Prime Minister.

The election for Prime Minister is taking place today, with Matthew Wale and Honorable Jeremiah Manele as candidates.

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