Defence application ruling adjourned

Date:

BY ROMINAH FAKA

The ruling in the case of three individuals who applied for the dismissal or permanent stay of the charge against them for making a false statement under oath was expected to be delivered on Friday last week at 3 pm. However, the presiding magistrate adjourned the matter to the 3rd of March 2025 for the ruling on the defence application.

The accused, namely John Kokora Clinty, Alosi Jonah, and Jerry Pakivai, are jointly charged with one count of making a false statement on oath outside of judicial proceedings, contrary to section 103(a) and section 21(a) of the Penal Code Cap 26.

The three defendants pleaded not guilty to the charge, and the matter was set for a Pre-Trial Conference (PTC). However, the defence counsel made an application in court to dismiss or permanently stay the charge against the three defendants.

In their application, the defence argued that the charge against the three defendants is scandalous, vexatious, embarrassing, frivolous, and an abuse of process, and therefore, should be dismissed.

The prosecution, on the other hand, objected to the defence applications and made submissions in response to the application.

The matter originated from High Court Civil Case No. 88 of 2024, involving the complainant and the applicants/defendants. The prosecution alleges that the first defendant/applicant, New Venture Ltd., the second defendant, Ever Wind Ltd., the third defendant, the Attorney General (representing the Commissioner of Forests), and the fourth defendant, the Premier of Choiseul Province (fifth defendant), were involved in the case.

Jeremy Oiofa is prosecuting, and Joseph Iroga is representing the three defendants.

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