BY ROMINAH FAKA
The Magistrate Court is set to deliver its ruling on prosecution’s application seeking to discharge a man accused of unlawful wounding.
Michael Lena is facing one count of unlawful wounding.
The ruling will be delivered this Friday, July 18, by Chief Magistrate Emma Garo.
This matter had been schedule for trial, with prosecution intending to call two witnesses.
However, before a summon could be served on the crown eye witness, police learnt that the witness had already travelled to Australia under the Labour Mobility Unit (LMU) programme for seasonal work.
Because of that, prosecution filed an application under section 52 and 53 of the Evidence Act, seeking to allow the witness to give evidence via Audio Visual Link. (AVL).
The prosecution said the AVL option will enable the witness to testify via video or audio link without having to return to Honiara.
However, court refused the prosecution application for the use of Audio-Visual Link.
In response, on Tuesday, July 15, 2025, the prosecution made an application under section 190 (2) (b) (ii) of Criminal Procedural Code, requesting that the charge against the defendant Micheal Lena be withdrawn.
This is so that they have time to liaise with the LMU office and contact the Australia employer of the witness to determine when the witness might return to Honiara.
The incident occurred on June 28, 2024, between 9 and 10pm, at Wind Valley, White River.
The complainant, who resided in Choviri, travelled with others to Namoruka to solve an issue involving an assault on an elderly person.
The matter could not be resolved so the group decided to return to Choviri using the Wind Valley Road.
Along the way, they met defendant Lena and some other boys.
The defendant and the boys reportedly attacked the complainant and two others with iron, sticks, and stones.
The defendant struck the right side of the complainant’s head with an iron and when he fell to the ground, the defendant continued to kick him in the face.
The complainant sustained injuries to his head and face.
The complainant was transported to the National Referral Hospital for medical attention.
Paul Junior Fanasia is prosecuting and Jagilly Weigant of Public Solicitor’s Office act for the defendant.
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