BY MELVILLE TITIULU
The Honiara Central Magistrate Court has granted a discharge of a foreigner accused of illegal gold trading after the prosecutor in charge of the case file made an oral application in court to have the matter withdrawn.
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.
Prosecuting counsel, Steward Tonowane, informed the court yesterday that he intends to make an application to have the matter withdrawn and discharged pursuant to section 190 (2) (b) (ii) of the Criminal Procedure Code (CPC).
Mr Tonowane informed the court that he intends to withdraw the charges laid against the accused on the legal basis that there is ‘insufficient evidence’ to substantiate the elements of the offence to which the accused is charged.
Chief Magistrate Ricky Rongomea, in view of the Crown’s application, subsequently granted a discharge for Mr Yulin.
The Crown Prosecutor told Island Sun yesterday that, whilst the case is withdrawn, the Police Fraud Unit investigations will continue to collect ‘incriminatory evidence’ to substantiate the charge. Thus, subject to sufficient evidence, the Crown will then press new charges and reopen the case against the accused.
Steward Tonowane prosecuted the case, and he represented the Office of the Director of Public Prosecutions (ODPP), while Private Defence lawyer Mark Sina from Honiara Attorney at Law represented the accused.
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