BY ROMINAH FAKA

A man has been sentenced to 13 years imprisonment for pushing another man off the edge of a cliff.

Harrison Ulavania was found guilty of intending cause grievous bodily harm to the victim, Varoro Saitoha.

The sentence was delivered on April 25 at the High Court.

Judge Keniapisia in delivering the sentence said he wants Mr Ulavania and others to know that no one should have the liberty to take away another’s life or attempt to.

Ulavania was charged for one count of act of intended to cause grievous bodily harm contrary to section 224 (a) of the Penal Code Act (Cap 26).

He pleaded not guilty to the charge and the matter proceeded to trial from March 12-14 this year.

During the trial prosecution called three witnesses the last being a doctor who treated the victim after the cliff fall. The doctor confirmed that the serious injuries resulted in a fractured thigh-bone and fractured knee-cap, among other worrying injuries Saitoha sustained.

Due to the seriousness of the case court imposed a starting point of six years imprisonment, then court uplift the starting point sentence upwards due to the presence of serious aggravating factors.

The serious aggravating factors justifying an uplifts are; serious bodily injuring where victim sustain a fractured thigh bone and fractured knee-cap, time spent in the hospital where victim had to received treatment of the serious bodily harm that he sustained, the tremendous pain and suffering where the victim went through, rehabilitation period meaning will take more then six month or a year for victim to rehabilitate and recover and last aggravating Ulavania was intoxicated at the time of the offending.

For all the above five aggravating factors combined, court will inflate the start point sentence by 15 years (three year for each aggravating factors) that bring the total head sentence to 21 years before the mitigation.

The court taken into the accounts the mitigating factors which Ulavania first time offender with not prior conviction. Court deducts four years. His youthfulness submitted by the defence lawyer based on Ulavania personal circumstances court further allow another 4-year reduction.

Courts orders Harrison Ulavania sentence for 13 years imprisonment and pre-trial custody entitlement is allowed for reduction according to records of the Corrections facilities at Rove.

Ulavania was from Kolosulu village, East Guadalcanal and the victim is Varoro Saitoha of Chui Chui village, Central Guadalcanal.

Both accused and the victim lived at a settlement near Gold ridge called Chui Chui down at the big river.

It was alleged on May 13, 2023 late in the evening, the victim and some of his relatives started a card game for money known as Locker at Chu Chu village, Gold Ridge Area, located beside a mining site near a steep cliff.

Ulavania joined the game at 6am, May 13.

After playing for some time, Ulavania complained that he had lost $600 and requested the victim to give him $50.

When the victim gave him the money, Ulavania tore the $50 in half and walked to his tent, returning with a bush knife.

He allegedly tried to cut the victim but was prevented from doing so by bystanders. A scuffle followed which ended up with Ulavania pushing the victim down the cliff.

Victim sustained multiple injuries to his body and was transported to Good Samaritan hospital and later transported to National Referral Hospital.

Andrew Kelesi Director of Public Prosecution Office act for the State and Rochelle Palmer of Public Solicitor Office act for the Harrison Ulavania.

BY ROMINAH FAKA

The case against the re-elected MP for Ulawa/Ugi Constituency William Bradford Marau was suspended yesterday in the Magistrate Court to May 14 for him to take his plea.

On Tuesday this week the state prosecutor Olivia Ratu Manu told court that full disclosures have already been served to the defence counsel on February 21 this year and yesterday Marau was supposed to take his plea.

However, the defence counsel from Rano law firm Jillian Soaika informed the court that she was yet to go through the files with the accused and obtain instructions from him and prepare him for plea.

Soika further informed the court that their office was unable to obtain instructions from their client because he was busy with the elections as he was contesting; his bail was varied and he travelled back to his home province and just arrived back in Honiara last week.

Thus, defence sought the court for 14 days’ adjournment for it to obtain instructions from their client and prepare him for arraignment.

Marau’s bail was extended.

The accused William Brandford Marau is the re-elected Member of Parliament for Ulawa/Ugi Constituency.

The allegations said that Marau is facing a count of conversion in relation to the allegation of misappropriation of $5 million designated to shipping funds in year 2016.

On April 27, 2017 constituency report was submitted to National Criminal Investigation Department which they investigate following that particular reported submitted.

Prosecution further alleged from the investigation it was revealed that on January 22 of 2016, Solomon Island Government deposited $ 5 million into Ulawa Constituency account with Bank of South Pacific (BSP) for shipping fund.

It was further alleged, on February 17, 2016 the defendant instructed the BSP Bank to transfer the entire sum of said amount $ 5 million into his own personal account with ANZ Bank.

Prosecution also stated, 65 withdrawals which total to $ 6,023,326.70 has been made from the defendant personal account.

In addition to that, ten withdrawals amounting to $ 4,550,00 deposited into the business account of Aslan Stationaries with ANZ a private company owned by the defendant.

And at the end of 2016 the remaining balance in the defendant personal account was $ 27,868.87.

Olivia Ratu Manu of Office of Public Prosecution act for the Crown and Jillian Soika of Rano& Company law firm appears for the defendant.

BY ROMINAH FAKA

The case against two people accused of attempting to smuggle illegal drugs to Kiribati has adjourned for May 3.

This is for the accused, Beatrice Umea and Etekia Kauai to take their pleas.

The case was mentioned again in court Friday last week, where only Ms Umea showed up.

She told court that she is still to get a lawyer to represent her.

As for Mr Kauai, prosecution said he is also still without a legal representative.

Court adjourned the matter for May 3, PSO to allocate a lawyer for Umea before May 3. Kauai is to visit Lappy law firm if he wishes for them to represent him in court, and bail extends for both however, Kauai if he did not appear again this Friday court will issue a warrant of arrest against him.

The two accused are charged in relation to an allegation on June 19, 2019 at the Henderson International Airport.

Prosecution alleged the accused packed eight packets of marijuana inside a speaker in 20 cm by 20 cm plastic bags. This was taken to the airport, where accused Umea was on check-in duty for Solomon Airlines.

It was further alleged that Kauai took the package to Umea and she accepted the package as unaccompanied luggage, but tagged the package to a passenger whom she had already checked in.

When the package went through the screening, suspicious arose, the speaker was unscrewed and the packets of Marijuana were found, before it was loaded onto the flight.

The police then arrested both the accused and charge them jointly for one count of attempting to export a dangerous drug under the Dangerous Drugs Act.

Public Prosecutor Steward Tonowane act for the Crown and Mr. Lappy Hite act for Etekia Kauai and Beatric Umea yet to allocate with Lawyer from PSO.