BY MELVILLE TITIULU
The trial involving a man accused of sedition and unlawful assembly charges in connection to the November 2021 Honiara riot resumed at the Central Magistrate Court yesterday.
At the close of the prosecution’s case last week, Principal Magistrate Tearo Beneteti reminded the defence counsel of four options the defendant has to make out of the defence’s case, as provided under the criminal procedure code.
Defence yesterday opted for the defendant to make a dock statement (a statement made by defendant without being sworn) that will weigh on their evidence to trial.
The defendant was called to the witness stand and was asked by Principal Magistrate Beneteti to testify without taking oath as chosen.
The defence lawyer posed several open-ended questions for the defendant to make statements relevant to disproving the elements of the two charges to which the defendant was charged with.
The defendant then testified in his own defence. Mr Konofilia presented to court his version of the sequence of events during the time in question, being November 21, 2021 between 9am to 12pm – the day the riot broke out.
The defendant at the witness stand, also took time to highlight his own credibility as a witness with view to potentially create doubt in the prosecution’s case.
Apart from the defendant testifying, three records of interviews between the police with the defendant will be added as evidence disclosures, where the defendants dock statements will weigh in on those evidences as a defence case.
In the meantime, the court directed that prosecution file its closing submissions on Monday, March 23, and that defence file their closing submissions before close of business on March, 30, and to serve a copy of the same to prosecution.
The matter was adjourned for Wednesday, April 1, at 1pm for closing submissions hearing, where the court will hear both the prosecution and defence closing submissions.
Bail was extended for Konofilia to April 1.
Konofilia, 49, 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.
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 Konofilia.
For feedback, contact: [email protected]
Editor: [email protected]
