BY JENNIFER KUSAPA
A man facing one count of being an accessory to an attempted murder incident in 2014 has been convicted by the High Court.
This is the case against Frank Fakani who was charged with one count of being an accessory after the facts to attempted murder contrary to section 387 of the penal code.
He had been charged with attempted murder contrary to section 215 of the penal code, however, on May 6, 2021 the Director of Public Prosecution filed a nolle proseque in relation to that charge and presented the information charging him as an accessory. On the same day the fresh charge was laid, Fakani pleaded guilty to the charge.
The defendant is a taxi driver and on November 8, 2014 he drove three customers in his taxi from the taxi base at Kukum to the domestic airport at Henderson. The victim on this case also travelled to the domestic airport Henderson on a flight from Rennell.
Prosecution said at the domestic airport the victim boarded a car and travelled to Honiara, the Defendant was directed by one of his passengers to follow the car in which the victim travelled, the defendant then followed his passengers’ instruction and followed the car.
The victim then came to a stop at the Kingsley Fast Food Bar at Point Cruz and it was there the passengers in the defendant’s car exited the car armed with 30cm bush knife and assaulted the victim.
The victim sustained a serious open fracture to his left arm. He was rushed to hospital.
High Court Judge Justice Howard Lawry in sentencing the accused said he is satisfied that the offence is sufficiently serious that it warrants a term of imprisonment.
“It is necessary to deter others who may take it on themselves to assist violent offenders. However, the factors I have taken into account in mitigation, in particular the guilty plea, the previous good character and the lack of offending since his arrest all persuade me, that this is a case where the sentence can be fully suspended.
“This means you will be sentenced to 9 months’ imprisonment. That sentence will not take effect unless during the next 12 months you commit another offence punishable with imprisonment and a court orders under section 45 that the original sentence shall take effect,” Lawry said.