BY MELVILLE TITIULU
The Magistrate Court has adjourned a criminal case involving a man accused of illegal gold trading after the defendant failed to appear in court yesterday.
Mr 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.
He was scheduled to enter his plea to that amended charge before Chief Magistrate Ricky Lomea yesterday.
The accused was not in court yesterday with his defence lawyer.
Prosecuting counsel in carriage of the case file informed the court yesterday that the defence lawyer had indicated to him that he has a matter to attend to at the High Court.
Mr Yulin did appear at the last mention with his defence lawyer last Friday. However, it was the prosecuting counsel in charge of the case file who was absent that day, which prompted an adjournment.
Chief Magistrate reminded the prosecuting counsel yesterday that the accused is currently on police bail with strict bail conditions; hence, he should have assessed the ‘flight risk’, especially when a foreigner is involved.
Prosecution seeks the court’s leave to have the matter adjourned to May 12 (today).
Chief Magistrate Lomea subsequently granted an adjournment to today at 9 am, when the accused is expected to enter his plea.
In the meantime, police bail for Mr Xiao has been extended till today.
Steward Tonowane is prosecuting the case, and he represents the Office of the Director of Public Prosecutions, while Private Defence lawyer Mark Sina from Honiara Attorney at Law represents the accused.
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