BY MELVILLE TITIULU
The Magistrate Court yesterday granted release for a man found guilty of unlawfully selling cigarettes in public after he had spent seven days in custody.
The time spent in custody was served at the Rove Correctional Centre after he was issued a warrant of arrest for failing to appear in court.
James Gunta, of Manaoba village, Malaita Province, was charged with one count of Hawking in a public place without a hawker’s licence, contrary to section 3(1) of the principal hawker’s ordinance and section 3(2) of the Honiara City Council (hawkers) amendment ordinance 2023.
He was spotted selling cigarettes in front of the First Choice Shop at Point Cruz in Honiara by HCC law enforcement officers on February 6, 2026.
Principal Magistrate, Felix Hollision, asked the HCC Prosecuting Counsel, Harry Bisafo, in court as to where the items in question (11 rolls of Pall Mall) are kept – suggesting that he might dismiss the case if these items are missing for reasons that these are courts exhibits or evidence.
Mr Bisafo confirmed that these items are still kept as evidence at the safe custody of the HCC law enforcement Unit.
Hollision reminded the accused of his constitutional right to be represented by a lawyer. However, the accused opted to be self-represented in court.
The defendant pleaded guilty to that charge when arraigned.
The Principal Magistrate then asked the Prosecutor to translate the same charge to the defendant in Pidgin before he can proceed to sentencing.
After that charge was translated to him, the Principal Magistrate then asked the defendant if the allegations he was accused of are true or not – if the defendant wish to add or dispute anything as to the said facts of the case.
The defendant told the court that the allegations as laid against him are straight forward and that he did not wish to add or dispute anything but rather would at the outset say sorry for breaching the law.
At the sentencing, the court took into account his age, that he is single, unemployed and a first-time offender. His apology in court also was weight in his sentencing, together with his early guilty plea and the seven days he had spent in custody.
Accordingly, a seven-day imprisonment penalty fine was imposed by the court.
However, the Principal Magistrate took notice of the fact that the defendant had already served seven days in custody- Consequently, he ordered the release of the offender with immediate effect.
The Principal Magistrate further told Mr James Gunta in court that he still has a future ahead of him and should follow the law.
He also told Mr Gunta in court that if he wants to sell cigarettes, he should do that within his residential area, as opposed to illegally selling in the streets.
Bisafo is prosecuted the matter and he represented the HCC while the offender was self-represented in court.
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