BY MELVILLE TITIULU
The Prosecution on Friday, March,13, closed its case after calling all of its witnesses to the trial of a man accused of sedition and unlawful assembly charges, in connection to the November 2021 Honiara riot.
The defendant, Moffat Joel Konofilia, faces two counts of charges.
Count 1, sedition contrary to section 3(1)(i) of the Sedition Act, and Count 2, taking part in unlawful assembly contrary to section 74 of the Penal Code.
The defendant pleaded not guilty to the two charges of sedition and taking part in unlawful assembly when he was rearraigned on Thursday, March,12.
The trial issues before court is whether or not the defendant was part of the group of men called the Malaita for Democracy (M4D) who travelled from Malaita on a ship and converged at Point Cruz, calling on the resignation of the then Prime Minister, Manasseh Sogavare, on November, 24, 2021.
And if so, whether or not that amounts to unlawful assembly.
A total of 7 Prosecution evidence was tendered and exhibited in court. These included; statement of police, statement of City Clerk -HCC, the “non approval’’ permit for protest issued by HCC, record of interviews between the police with the defendant, digital footage taken from Zfm media digital footage, 13 Photographic images taken from Zfm source, and lastly a video footage.
On Thursday, March,12, two Prosecution Witnesses (PW) were called.
PW1 and PW2, both of whom are police officers were examined and cross examined.
On Friday, March, 13, an additional PW was supposed to be called to give evidence on oath. However, prosecuting counsel informed court that only 2 witnesses would be called as the third witness was omitted, and was not called to testify.
PW3 and PW4 are also police officers and both were examined and cross examined in court on Friday, March, 13.
At the close of Prosecutions case, Principal Magistrate Mrs. Benedeti Tearo reminded the defence counsel Mrs. Lily Ramo, of the four options the defendant has, as provided under the criminal procedure code.
These options are; to file for a ‘’no case to answer’’, or secondly, to skip that and make out its defence case by calling defence witnesses – if they want to give evidence under oath subject to cross examination by the prosecution.
Thirdly, the defendant to remain silent and defence close its case.
The last option being, to make a dock statement (a statement made by defendant without being sworn) that will weigh on their evidence.
Defence counsel Mrs. Ramo however, was of the view that they adjourn for Monday, March, 16, as she needs to talk with her client on the set of options available as to which one is the best option to pursue.
The matter was adjourned to Monday, March, 16, for mention at 9 am.
Bail was extended for Mr. Moffat Joel Konofilia.
Special Prosecuting counsel, Ms. Mary -Ann Zurenuoc from the Director of Public Prosecutions, appeared for the Crown, while Mrs. Lilly Ramo from Just Lawyers represented the defendant, Mr. Konofilia.
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