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Sutton wins defamation case against Sol Star and Sasako, appeal looms

Written by
Irwin Angiki
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BY IRWIN ANGIKI

The Solomon Star newspaper and veteran journalist Alfred Sasako have lost a $75,000 defamation case to former Customs Comptroller Jim Sutton.

High Court ruled on March 24, 2023 that Solomon Star and Mr Sasako were guilty of defaming Mr Sutton in a string of articles, and ordered they paid Sutton a total of $75,000 in damages.

Fifty thousand dollars was for damages caused by Star and Sasako on Sutton, and a further $25,000 for aggravated damages in their repeated publications of the defamatory materials and their refusal to apologise and retract.

Sasako last week told Island Sun that they would be appealing, although Sutton’s lawyer Andrew Radclyffe said he has not been informed of it yet.

Star and Sasako have 30 days since March 24 to lodge an appeal.

Court heard in its March-7 hearing that four articles were published in the Solomon Star newspaper on dates, September 24, 2021, March 22, 24 and 26, 2022. The articles were also published online.

Sutton had claimed that materials run in the stories about him were ‘untrue and defamatory’, and Star and Sasako pleaded that they were ‘justified in publishing the material and said that the material published was true and in the public interest’.

On September 24, 2021, Star ran a front-page story titled ‘Sutton Under Spotlight’, lining allegations which include:

1) Sutton allegedly breaking the law by opening an unauthorised bank account with BSP and depositing $274,000, which were proceeds five vehicles sold.

2) It also alleged Sutton was investigated for corruption because he had donated vehicles to the office of the Prime Minister.

3) Sutton allegedly was guilty of gross misconduct and sexual harassment.

4) He allegedly breached the Public Finance Management Act by selling a government vehicle and failed to pay the proceeds to the Government.

5) His alleged account allegedly had $4 million, money which allegedly should have gone to the government.

On March 22, 2022, another front page article was published with the title ‘$5M Pay Package for Comptroller of Customs under a three year contract’.

This article alleged Sutton was previously terminated by the Australian government and that he now had a new three year contract with SIG with a tax-free salary of $100,880 per month plus covid-19 allowance of $156,389.34.

Further allegations, ‘in addition to his salary he received a vehicle and hotel accommodation’, court ruling documents said.

On March 24, 2022, another article appeared in the Star, repeating allegations about Sutton’s salary package, covid-19 allowance, vehicle and hotel accommodation.

The fourth article repeated allegations of SIG funding a lucrative three-year contract for Sutton, allegations of sexual harassment, and unaccounted money from vehicle sale.

Despite a letter on March 29, 2022 by Sutton’s lawyer demanding an apology and retraction of defamatory statements, no apology nor retraction was made.

In the court ruling statement, the following excerpts show lack of evidence to support the publications’ allegations.

19. There was no documentary evidence that had reference to the claimant regarding the sale of the vehicles.

20. The contract was not for three years but for one year. The salary was subject to tax at the rate of 40%. There was no allowance for covid-19. The accomodation at the hotel was part of the allowances and not in addition to the allowances.

21. There was no evidence put forward to prove who opened the account into which the proveeds for the sale of the cars was made. There was no evidence that the opening of the account was unathorised. There was no evidence that around $4 million was paid into that account. There was no evidence that the proceeds of the sale of the cars was not paid into the consolidated fund on conviction of the accused in the police investigation.

23. There was no evidence that the claimant had breached section 22(1) [of the public finance management act (PFMA) 2013].

25. The defendants have not provided evidence to prove the truth of the allegation that the claimant had failed to properly account for the proceeds of the vehicles. In particular there was no evidence that the claimant had broken the law as claimed nor any evidence that monies due to the government were not paid to the government. In short, the defence did not prove that the claimant had misapplied or misused government money.

26. There was no evidence that the claimant [Sutton] had breached this section [Section 24 of the PFMA]… No evidence was put forward to prove that he had opened an account at the BSP. There was no evidence that the amount into which the proceeds of the confiscated vehicles was paid had been opened without authorisation.

27. No evidence at all was put forward to demonstrate that the allegations of sexual harassment were true. No evidence was put forward to prove the truth of the allegation that claimant [Sutton] was previously contracted to the Australian government but that contract was terminated following allegations of sexual harassment.

28. No evidence was put forward to prove the truth of the allegations of acts of gross misconduct.

33. No evidence was put forward by the defendants to demonstrate whether the claimant had improved or failed to improve the custom and excise division as he was employed to do…

Commenting on the defamation judgement, Puisne Judge Howard Lawry said, “Freedom of speech is not an absolute right. In the present case the articles were distributing allegations that have not been shown to be true arising from persons described as being ‘disgruntled staff’. The articles were clearly designed to impugn the character of the claimant and to publicly ridicule him.

“The claimant is a very senior public figure … and has been accused of breaking the country’s financial laws, misusing public funds and of sexual harassment has suffered significant harm to his reputation.

“The fact that his contract was relatively short term means that he is dependent on his reputation for future employment or contracts. The damage done to his reputation … entitle him to damages for the harm done.

“For all the defamatory material I consider an award of $50,000 is appropriate. I consider the repeated publication both later publications of the newspaper and online together with the refusal to apologise and the refusal to retract justify an award of aggravated damages.”

ALLOWANCES FROM 2022?

Written by
Mavis Podokolo
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Permanent Secretary for MEHRD, Dr Franco Rodie.

MEHRD waits for ‘cheques to be ready’ before paying SIG students their dues

BY MAVIS N PODOKOLO 

Allowances from last year are yet to be paid to Government sponsored students at the local university SINU and rural training centres.

The ministry of education (MEHRD) says it is waiting for ‘cheques’ to be ready before it can start paying students their overdue allowances.

Permanent Secretary for Ministry of Education and Human Resources Development Dr Franco Rodie told this at a press conference last week at the prime minister’s office.

“To answer the questions of when will the government give students’ allowances. My response is when the cheques are ready to be paid, thank you very much,” he said.

Rodie there are internal processes that did not allow the quick payment of the 2022 allowances.

“The key reason is the all the payments last year was halted so we got to re-raise them again,” he said.

“As far as I know this is based on the requisition that I’ve sighted most of the payments have been made but I cannot give you the figures because I don’t have it in terms of those who are yet to be paid. The internal processes have contributed to the delay.”

He said the other factor that triggered the delay is that some students did not provide their enrolment details in the required timeframe as per SITESA’s requests.

Rodie adds that the internal delay is caused by internal payment process both at the Ministry level or SITESA and at the Ministry of Finance and Treasury (MFOT).

COVID killed 19, infected 3,000-plus in West province

Written by
Ben Bilua
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BY BEN BILUA

THE recent COVID-19 pandemic had claimed 19 victims and infected more than 3,000 people in Western Province, says Western Province’s Director of Health and Medical Services.

Dickson Boara said the situation was very challenging, however, he acknowledged communities who have supported the front-line workers during the height of the pandemic.

“I acknowledged you for helping our team during the pandemic,” he said during the opening of Kolokolo Clinic last week.

Boara said the pandemic has exposed some of the challenges when comes to service delivery in Western Province.

He told those present that one of the most critical challenges is infrastructure.

Boara said numbers of rural clinics are in a poor state and are in dire need of renovation, some of which need replacement.

He said the newly completed Kolokolo Clinic is a classical example of effort towards improving infrastructures and health facilities to save lives.

Boara said health is everybody’s business as such communities, the government, and donor partners need to work together to improve health and medical services in rural areas.

“Health and medical authorities are fighting a lost battle – meaning effective cooperation and partnership can help the country achieve its global obligation towards delivering effective health services,” he said.

‘Huge number of children victims of all forms of violence’

Written by
Mavis Podokolo
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UN Special Representative of the Secretary General (SRSG) on Violence against Children, Dr. Najat Maalla M’jid.

BY MAVIS N PODOKOLO

THE visiting UN Special Representative of the Secretary General (SRSG) on Violence against Children, Dr Najat Maalla M’jid says huge numbers of children are victims of different forms of violence.

M’jid echoed the above sentiment during a press conference with the local media personals last week.

“The key challenges and the key progress made in terms of eliminating violence against children were shared by all key stakeholders.

“During my visit I discovered that huge number of children are victims of various forms of violence it is almost around 37 percent of children were affected, it is huge and cannot be justified by the lack of services and cannot be acceptable in the cultural norms,” she said.

M’jid adds the problem here is Solomon Islands is facing many challenges, at the same time you have a problem to access basic services that affecting a lot of people including children.

“You have the problem with the climate crisis and natural disaster that is impacting everyone and you have the problem of the budget constraints and debts,” she said.

Minister for Women Youth Children and Family Affairs Freda T. Rangirei said her ministry will ensure all line ministries that connected with the Ministry of Women Youth Children and Family Affairs will need to put more efforts to ensure that children of Solomon Islands are protected.

Fini-led MNGFR launches policy

Written by
Samie Waikori
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Premier Martin Fini.

BY SAMIE WAIKORI

THE Fini-led Malaita New Government for Fundamental Redirection (MNGFR) provincial government of Malaita province launched its policy roadmap in Auki on Friday 28th of April.

Speaking during the launching of the policy, Premier Martin Fini said the policy signifies a new direction, new and renew relationships with stakeholders and development partners in the remaining hours MNGFR will take in the redirection of the province.

“The policy will be a road map to begin a redirection of a long challenging development journeys as we will take on new initiatives to confront an unknown water.

“Most importantly this policy signifies that my Malaita New Government for Fundamental Reform will be open for engagement with international development partners to achieve the goals stated in the policy,” he said.

Fini said when assuming premiership, he made it clear that his government was ready to engage with all willing development partners that genuinely want to help Malaita in its fundamental direction.

He said under the policy it has five important directives, (1) connecting the disconnect, (2) leadership, politics and development, (3) delivering projects and programs (4) fundamental redirection (5) intervention for doable and transitional strategy.

Fini explained that in connecting the disconnect, MNGFR’s vision is to ensure all Malaitans must be connected through collective decisions which will determine their future.

He furthered that in leadership, politics and development, MNGFR will ensure leaderships and decision making are shared responsibility of all for stability of the province and the nation.

On that note, Fini thanked the DCGA government for birthing MEDI which will play a pivotal role in mediating and negotiating the aspirations in the policy with national government and development partners.

“I am greatly indebted to DCGA for contracting consultants through the MEDI who will be working with my new government to implement this policy.

“I thanked DCGA for recognizing these challenges by establishing the entity through its Cabinet Sub Office within the Prime Minister’s Office to implement national projects of Malaita,” Fini said.

According to Premier Fini, his government will work with national government through MEDI to transform objectives stated in the policy into reality.

“I acknowledged and highly thanked the technical team from MEDI in collaboratively putting thoughts and ideas into this policy.

“Through consultation and collective efforts from the technical team, we managed to have the final document presented to us in this launching,” he said.

“MEDI and Malaita New Government for Fundamental Redirection (MNGFR) will combine effort to deliver some of the national projects for Malaita and they are listed in the policy,” he said.

SECRET NAURU RECRUITMENT?

Written by
Mavis Podokolo
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Permanent Secretary for MFAET Collin Beck.

Foreign affairs ministry says it is not aware of this

BY MAVIS N PODOKOLO

MINISTRY of Foreign Affairs and External Trade office says they are not aware of the Nauru recruitment of workers arrangement.

That is according to the Permanent Secretary for MFAET Collin Beck in a press conference held on Friday 28th April.

“We are not aware of this Nauru recruitment of workers arrangement but as a government we are very much interested to explore all labour mobility opportunities not only in Nauru but basically at parts of other countries of the Pacific including countries in the Northern Pacific,” Beck said.

He said the government through MFAET have actually made known their interest noting that there is a huge work ready pool.

“We are basically ready to enter into any other opportunities that countries including Nauru have to offer.

“So certainly we were not involve in that but if we involve inside   we would have provide candidates for Nauru to take a look at but this is something that we can keep looking at,” Beck said.

MWYCFA on child safety programme during PG23

Written by
Mavis Podokolo
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UN Special Representative of the Secretary General (SRSG) on Violence against Children, Dr. Najat Maalla M’jid.

BY MAVIS N PODOKOLO

UN Special Representative of the Secretary General (SRSG) Dr Najat Maalla M’jid says strengthening child safety and child protection during the upcoming Pacific Games in November 2023 has been highlighted during her visit this week.

M’jid echoed this yesterday during a press conference with the local media personals.

“The Pacific Games is strong moment to strengthen the child safety net because we know very well World Wide when you have a huge arrival of migrant workers or player of many persons outside the risk of violence against children mainly sexual exploitation, abuse and trafficking of children and women is high.

“Our discussions have also been centred around making sure that during the Pacific Games and beyond child protection and well-being will be taken into account,” she said.

M’jid said this upcoming game has to be a big moment for strong mobilisation of all sectors and partners on child safety and investing in child protection and well-being.

Aaron Pitaqae of Ministry of Women Youth Children and Family Affairs adds that last year the National Disaster Operations Committee (NDOC) was asked to draw up a plan in preparation for the Pacific Games.

Pitaqae said during the first meeting of the NDOC two issues that will be likely to be confronting during the games are highlighted.

“One is, the games will be held in a disaster time for us. November is rainy and cyclone season for Solomon Islands so that is very critical to us.

The second one is the to do with the risk that will be coming in because we will have a lot of people coming in and so, as committee that looks after children all the committees will be activated. And we have plans to try to minimise what is happening in November,” he said.

Pitaqae said speaking about the issues, funds have been allocated for the Ministry of carry out its advocacy on the risks that will likely to happen during the games.

UN welcomes SI commitment to combat violence on children

Written by
Mavis Podokolo
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Minister for MWYCF Freda Rangirei (right) presents gifts to UN Special Representative of the Secretary General (SRSG) on Violence against Children, Dr Najat Maalla M’jid

BY MAVIS N PODOKOLO

VISITING UN Special Representative of the Secretary General (SRSG) on Violence against Children, Dr Najat Maalla M’jid welcomes commitment to enhance Solomon Islands’ effort in combating violence against children.

M’jid said her visit aims at building strong political commitment and important strides already taken by Solomon Islands to end violence against children.

“The visit provided me an opportunity for the SRSG to engage with key stakeholders to support and mobilise further action; promote good practices and build bridges that allow for the exchange of experience.

“Am here as a bridge builder as advocator to influence policy maker and all the key stakeholders to make sure that children in Solomon Islands are duly protected,” she said.

M’jid said during her visit this week she met with all the key stakeholders.

“Some of the people I met include Prime Minister Manasseh Sogavare, Minister for Finance and Treasury, Chief of Justice, Minister for Education, Minister for Women, Youth, Children and Family Affairs, CSOs, visiting correctional facilities, meeting with survivors and meeting with children with aim to have a better understanding. It was an intensive meeting but this is important, it is a strong key moment for having a snap shot of where you are,” he said.

Minister for Women Youth Children and Family Affairs Freda T Rangirei said the visit of the UN Special Representative of the Secretary General (SRSG) on Violence against Children is “really paramount”.

“Your visit is really paramount. It is very true that all line ministries that connected with us really need to put more efforts to ensure that our children are protected. Your visit is not a mistake but it really gives us more effort to strengthened our efforts,” Rangirei said.

Three suspects arrested for attack on nurse

Written by
Jennifer Kusapa
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Police Commissioner Mostyn Mangau.

BY JENNIFER KUSAPA

POLICE Commissioner Mostyn Mangau has confirmed that three suspects has been arrested for an attack on a nurse at the Borderline area.

Commissioner Mangau said the nurse was on her way home after work when she was confronted and attacked by the suspects.

He said their argument was related to a land dispute.

Police were alerted of the incident and attended to report in which the three suspects were arrested for the alleged attack.

Mangau said investigation is still on going and call on those who may have information about the incident to support police in their investigation.

NPF assures renovation work on unsafe 6-storey building soon

Written by
Irwin Angiki
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The current state of incomplete Anthony Saru Building.

BY IRWIN ANGIKI

The National Provident Fund (NPF) says renovation works on the damaged Anthony Saru building is set to begin.

NPF does not say exactly when works will begin, but points out that an assessment report is ready, upon which renovations will be based.

This report is from a newly engaged independent consultant whom NPF’s Insurance Loss Adjustor had replaced the former consultant with, NPF media statement yesterday said

NPF blames the delay in renovations on the former consultant’s failure to carry out assessments following last year’s November 7.3 magnitude earthquake, which left the six-storey building unsafe.

The Fund said it had carried out its own assessment immediately after the earthquake, but had to wait for an independent one.

“Immediately following the earthquake, the SINPF has performed an assessment of the damages in December, 2022. However, the restoration works cannot proceed as our insurance underwriter QBE appointed Loss adjuster had to engage independent consultants to carry out damage assessments.

“The Loss Adjustor’s appointed contractor has failed to perform the required engineering assessment on the ASB for more than three months. The consultant engaged by the Loss adjuster was busy with other local engagements and was not able to perform the required task by the end of March 2023.

“With the insistence of the Fund a new consultant has been appointed.

“The new consultant following their appointment has been onsite three weeks ago and has prepared their required independent assessment. On the basis of this report, restoration works will proceed and the SINPF will resume its communications to its tenants on the progress of the works and its completion date.”

An officer of one of the government tenant offices, speaking to Island Sun last night, welcomes this announcement by NPF, however urges works to take place faster.

“Following the major earthquake of November 2022, we have had few small ones to date, and it is not a joking matter when all of us have to scramble to reach the ground floor via the narrow stair case, avoiding the faulty elevator.

“NPF should begin work now!”

Only the ground floor and first level are currently being used by tenants. Second floor to the last have been rendered unsafe.

Only one exit is available for current offices operating on the first floor, which is the stairs and an elevator which tenants tell Island Sun is not working properly.

On April 12, several tenants brought the matter to Island Sun, raising concern on the high risk posed by the building and the notable lack of renovation works by its owner immediately after the earthquake five months ago.

“The lift was not functioning properly. On few occasions the lift dropped with people trapped inside.

“Another occasion people being trapped for almost 30 minutes locked up inside before being freed.

“In case of an emergency, fire or earthquake, there is no alternate escape route except for the only one lift that is working.

“But the lift is working is not functioning properly as well.

“We fear that the worst might yet to come if these issues are not urgently addressed.

“Why took so long to fix these issues,” the tenants said.

The building hosts offices of some government ministries which include, Ministry of Women Children, Youth and Family Affairs, Ministry of Foreign Affairs and External Trade and other private sector firms.

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