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Agovaka free, appeal case struck out

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Hon Peter Shanel Agovaka

BY JENNIFER KUSAPA

HIGH Court Judge Justice Leonard Maina has struck out the appeal against the Member of Parliament for Central Guadalcanal Peter Shanel Agovaka.

Justice Maina on Monday dismissed and ‘strike-out’ the appeal that was filed last year by the Office of the Director Public Prosecution.

MP for Central Guadalcanal and Minister of Communication and Aviation is now finally relieved of his burden.

Speaking to Island Sun outside Court Mr Agovaka said that he is fully relieved and he will be totally freed from thinking about his case before the court.

“I think it is a reaction of relieve from attending court and also the expenses of the court, it takes me about five years for this particular case,” Agovaka smiled.

This is the appeal where the Office of the Director Public Prosecution filed to the High Court after the magistrate acquitted charges against the MP relating to an incident which occurred in 2013.

Following the appeal filed to the High Court the lawyer representing Agovaka made an application for strikeout due to the delay in the filing of the appeal.

On Monday this week the court ruled and finally struck-out the appeal and dismissed the ground of appeal.

This was in relation to the case of the MP in relation to the incident occurred in 2013. Agovaka denied the charge and then a full trial was conducted.

The trial was conducted and after the trial the presiding magistrate found Agovaka guilty of the charge of common assault instead and had him acquitted of the initial charge.

Agovaka was the MP for Central Guadalcanal at that time and the victim who is one of his voters went to his residence to enquire about timbers to complete his family’s house.

Malaita yet to meet over fate of its PS

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Malaita Premier Daniel Suidani.

By EDDIE OSIFELO

MALAITA Province Executive is still to meet to decide on the fate of Provincial Secretary Fredrick Fa’abasua, who was recalled by Ministry of Provincial Government and Institutional Strengthening to Honiara.

Premier Daniel Suidani explained this after protesters in Auki demanded an answer within 24 hours for his government to allow Fa’abasua to continue working in the province or they will not allow any replacement.

Suidani said due to the good work of Fa’abasua and the demand from the people, the executive will need to meet and decide on his fate.

He said MARA government represents the people, therefore it will honour the call of the people.

The administrative arm of the Provincial Governments is headed by a Provincial Secretary, who is answerable to the assembly through its executive in the same way Permanent Secretaries in the national administration are accountable to their ministers.

Provincial staff composed of staff posted by the MPGIS, staff employed by National line Ministries and working in the provinces, and staff directly employed by the provinces.

All staff are supervised by the Provincial Secretaries, and accountable to the provincial executives and premiers.

MPGIS Permanent Secretary, Stanley Pirione said it is a normal thing to recall provincial secretaries back to the headquarters because they work under the ministry.

He said PS Fa’abasua was recalled due to pressing issues facing Malaita province so they can restrategise ways to provide service deliveries.

However, Pirione said due to the issue that came out lately, the Public Service Commission and the ministry will consult with Malaita province to sort out the issue.

Tovosia told not to meddle with mines board decision

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By EDDIE OSIFELO

LANDOWNERS of Central and South Guadalcanal have accused Minister of Mines, Energy and Rural Electrification, Bradley Tovosia of interfering in the decisions of the Mines and Mineral Board.

They claimed Tovosia had requested the Board to reconsider their decision where it rejected Solomon Islands Resources Development’s application for prospecting licence to do mining on their customary land.

“As landowners whose traditional rights will be impacted by any mineral related activity in the area, we have confidence in the technical capabilities of the Mines and Mineral Board to reach the conclusions it has made regarding the applicant’s capabilities,” they said in a statement given to Island Sun yesterday.

Further, the landowners also claimed that they are aware that WinWin Resources is understood to be related to Solomon Islands Resources Development, which is currently under investigation for attempting to smuggle gold from its alluvial mining operation at Turarana area out of the country disguised as a piece of rock core sample.

“Given the record of these types of prospecting companies, including the recent report of an attempt to smuggle items from the flight from China, the landowners have resolved that predatory investors will not be allowed to operate within their traditional lands under any circumstances whatsoever and will take whatever measures necessary to protect their rights and those their communities against such investors,” the statement reads.

Under the Mines and Minerals Act, the Minister can only grant the Prospecting Licence after the terms of access has been negotiated between the landowners and the applicant.

Such an agreement has to be confirmed as a signed Surface Access and Compensation Agreement and vetted by the Attorney General’s Office.

The landowners believed SIRD is related to other companies under various names including Win Win Resources Ltd operating in the Turarana area in the vicinity of the former Goldridge Mining Lease and probably, holding mineral prospecting license under different names in other parts of the country.

When Island Sun contacted Tovosia, he demanded to know who the landowners making allegation against him were.

He urged the media to check the Mines and Mineral Board.

Director of Mines and Chairman of the Board, Nicholas Biliki confirmed the Board had rejected the company’s application because it has no relevant technology and finance to carry out the work.

Biliki said the company can appeal the Board’s decision if it is not satisfied with the decision.
Permanent Secretary of Ministry of Mines, Energy and Rural Electrification, Dr Christopher Vehe said he was aware that the Mines and Mineral Board had already rejected the company’s application because of incompetency.

In a letter which bears the signatures of the leaders of the main traditional land owning groups in the area which covers Sutakama/Sutakiki and Goldridge (Central Guadalcanal), Kuma and Koloula (South Guadalcanal) dated July 29, 2020, addressed to Tovosia, and copied Biliki, and the Permanent Secretary of the Ministry Dr Christopher Vehe, the landowners advised Minister Tovosia that they will not grant access to the applicant.

A leader of the landowners advised that a formal complaint will be lodged to relevant authorities including the Leadership Code Commission to investigate whether the Letter of Intent and a Prospecting License reportedly granted by the Minister to SIDR was done in accordance with procedures prescribed under the Mines and Minerals Act and also determined whether Public Officers in the Ministry of Mines have abused their offices if the Letter of Intent or Prospecting License have already been granted.

Prosecution told to provide disclosures to defence counsel on woman’s case

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BY JENNIFER KUSAPA

PRINCIPAL Magistrate Tearo Beneteti has adjourned the case against a woman, charged with stealing SBD1.3 million, to September 21 for plea.

Yesterday the court was told that documents and evidence regarding the charge against the accused are yet to be provided to the defence lawyer and defence is still waiting on those documents.

Meanwhile Steward Tonowane who appeared on behalf of his colleague told the court that investigations are now complete and they are ready to provide disclosures to the defence lawyer.

Therefore, the court made orders that prosecution provides disclosures to the defence and also defence lawyer to obtain instruction for plea on the next appearance.

This is the case of a female teacher Cecilia Samani Tome who was charged by police with count of embezzlement by public servant contrary to section 273 (b) (ii) of penal code (cap 26)
Ms Tome is an Early Childhood Teacher currently attached to the Manaoba Early Childhood Education Kindergarten School by the Malaita Education Authority under the Ministry of Education and Human Resources Development.

It is alleged that in 2017 two very large overpayments were made over pay period one and pay period two in the month of December.

The payments were made to ANZ account number 5147563 which is held and operated by the accused.

The allegation said the first payment was made on December 2017 for $3, 703 557.11 and the second payment was made on December 21 2017 for $102, 740.66.

Which the two payments totaled up to $3,806,299.77.

Police said as an early Childhood Education teacher the accused is paid on pay level 6 which earns her in the vicinity of $1000.00 per fortnight net pay.

According to the salary authority form raised by the teaching services for the pay period in December the amount she should have received for that pay should have been $6,240.00. this was for her yearly inducement allowance.

However, when her salary was forwarded to the payroll section at the Ministry Finance one of the staff who processed the payments entered the wrong data into the Aurion payroll system. This resulted in the overpayment of $3,806, 299.77 to the accused account.

The fact that she received two very large payments from the Solomon Islands Government into her account should have prompted the accused to inform either the Ministry of Education and Human Resources or the Ministry of Finance Payroll sections of the obvious errors.

The accused did neither of these things.

It is alleged that between December 7 and July 24 2018, she in fact set about withdrawing large amounts in cash and transferring large amounts from her ANZ account Number 5147563 where her government wages were paid, to her other ANZ account number 5467447.

The error which led to the overpayment was discovered by the responsible Ministry, the Ministry of Education and Human Resources Development, who notified the Ministry of Finance and Treasury payroll section in July 2018.

The Ministry of finance and Treasury payroll section made a request to the ANZ Bank in July 2018 to freeze the accounts of Cecilia Tome and that funds still available be remitted to the Solomon Islands Government.

As result of this request from MoFT the ANZ Bank secured and returned to the Solomon Islands Government the amount of $2 412 301. 47 which was transferred from the two accounts operated by the accused, ANZ account no 5147563 and ANZ account no, 5467447.

After the recovery it was discovered by government auditors that an amount of 1 393 996.30 had been taken and used by Cecilia Samani Tome, to which she was not entitled.

She appeared in court and was released on cash bail of $2000 with following conditions that she must surrender her passport, not to contact any person or indirectly employed by the Solomon Island Ministry of Finance and Treasury or the Ministry of Education and Human Resources, and also not to enter any government office, including all Ministry of Finance & Treasury offices or the Ministry of Education.

Government monitors covid-19 impacts

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BY BARNABAS MANEBONA

THE Government through the Ministry of Finance and Treasury (MoFT) assure closely monitoring the flow on impacts of Coronavirus (COVID-19) felt throughout the country.

Prime Minister Manasseh Sogavare in his nationwide address this week Monday said whilst Solomon Islands is yet to register a COVID-19 case, financially and economically, the flow on impacts of COVID-19 continued to be felt throughout the country may likely continue well into 2021.

Nevertheless, the PM assures the nation that the Government, through the Ministry of Finance and Treasury continues to closely monitor these situations very closely and on daily, weekly and monthly basis.

“As been reported through recent statements that our economy is heading towards a recession of negative 4.3 per cent this year.

As a result, Government revenue collections are expected to fall below the estimates for 2020. Ministry of Finance & Treasury have taken revenue and expenditure measures to ensure the government continues to deliver its services effectively, and to prepare and respond to the COVID-19 threat,” said Sogavare.

“To further enhance expenditure control, the Ministry of Finance and Treasury also issued an austerity financial circular earlier this month. This circular set out clear expenditure control expectations for all SIG ministries and adherence to these requirements will be strictly enforced by Treasury.”

Gov’t has nothing to hide: PM

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Prime Minister Manasseh Sogavare

BY MAVIS NISHIMURA PODOKOLO

PRIME Minster Manasseh Sogavare said the government has nothing to hide but have been more transparent during this State of Public Emergency.

Mr Sogavare stressed this following what he claims as misinformation floating in the media and social media against the government.

“There has been so much misinformation floating in the media and social media by certain groups and individuals that have a personal vendetta against the Government. This Government has nothing to hide. In fact, we have been more than transparent in everything during this State of Public Emergency.

“My weekly national address, Government talk back shows, radio programs, public forums and open dialogues over the last seven months has proven the immense work the Government has undertaken,” he said.

Sogavare said despite the criticisms, his Government remains steadfast, focused and committed in their fight, and that is to protect the people and keep the country’s economy afloat.

“That said, allow me to thank all our front liners for your sacrifice and commitment that you have continued to shown. You have shown true courage and patriotism and for that, I salute you all,” he said.

‘Malaita has it all’

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Malaita Premier Daniel Suidani.

Why Suidani is pushing for independence vote

By EDDIE OSIFELO


MALAITA Province meets all the criteria to become an independent nation in the future, premier Daniel Suidani told Island Sun yesterday.
The four criteria for a state to be considered independent are:

  1. It has a defined territory.
  2. It has a permanent population.
  3. It has a government.
  4. It has capacity to enter into relations with other states.
    Mr Suidani said Malaita is the second biggest Exclusive Economic Zone in the country in terms of territory.
    He said the population of Malaita province with 140,000 is more than Nauru (12,704) and Tuvalu (11,508).
    Furthermore, Suidani said Malaita has MARA government to run its affairs and make relationships with traditional partners like New Zealand, Australia, Republic of China (ROC) Taiwan, Japan and United States of America.
    He said the idea behind the referendum is to identify popular support in the province.
    “This is to see how many support referendum for independence,” he said.
    The call for Independence was reinforced in 2004 when former Premier Ruben Moli said it has been triggered by maltreatment of Malaitans.
    Moli told Radio New Zealand there was a feeling that the national government has not done enough to help Malaita economically.
    At the Malaita Leaders’ Summit, delegates adopted a resolution calling for the province to break away from Solomon Islands.
    In 2010, former Premier Richard Irosaea claimed the conclusions of 2004 Malaita Leaders’ Summit on Independence for Malaita are not reflected in 2009 Draft Federal Constitution.
    He said the leaders agreed that the document is “perfect for Solomon Islands, except Malaita”.
    Irosaea said Malaita leaders disagreed with the state government system because it would be too expensive to run and it is simply “a system we do not believe in”.
    He said Malaita leaders believe that the Province would be better off, standing by itself and determining its own future.
    In 2015, former Premier Peter Chanel Ramohia reinforced the idea of a sovereign state of Malaita because the proposed federal system and the Provincial Government Act would not have been ready for adoption within the next 10 years.
    Ramohia said Malaita cannot wait that long which is the reason for pursuing a system that can work for Malaitan people.
    He said his government wanted to do something about the situation in Malaita now in a legal manner as no one else can do it for them.
    Solomon Island Academic in Hawaii, Dr Tarcisius Tara Kabutaulaka said if Malaitans really want to be independent, they should just get on with it and be independent and “save the rest of us the pain”.
    “Don’t bother us about it. Maybe the best option is for the rest of Solomon Islands to declare independence from Malaita.
    “I suggest that Solomon Islands Government give Malaita Province its wish. We give them a 1 year transition to independence. Get on with it and be independent,” Mr Kabutaulaka said on social media.
    A lawyer by profession, Dr Transform Aqorau said in many ways most of our villages, islands and provinces are already independent in the sense that they are out of touch with many of the most basic services that are enjoyed in Honiara.
    Mr Aqorau said the calls for greater self-determination and freedoms to make decisions are not new and are unlikely to go away given the geographic and cultural features of Solomon Islands which makes governing at the best of times confronting.
    “So these calls in my personal and humble opinion is a wake up call for those in Government in Honiara who control, and have absolute control over the government purse, and who are increasingly getting more and more insensitive to the needs of the general population even in Honiara, to try and listen a bit more, and be a little bit more open minded, and also be a little bit more respectful and mindful of our different cultural values and heritage,” Aqorau said on social media
    “There is nothing intrinsically wrong about getting people’s views, after all that is who we govern for, the people,” he added.
    However, Aqorau said: “as an international lawyer and one who started my career in diplomacy, I can say for certain that there is no way Malaita will become an independent state in the legal and technical sense of the term under international law, but that does not mean we cannot have a better system of government that recognizes people’s rights and their diversity.
    “We need to do better and above all ensure we have good relations with ourselves in spite of our differences.”
    Member of Parliament for East Are Are and Opposition member Peter Kenilorea Junior, told ABC that while the views of his province should be respected, any process looking at independence would be a long and complex one.
    “It’s a heavily political issue. Anyone’s right to self-determination to be recognised under international law, is something that would have to involve the national government too,” he said.
    “This sentiment for independence has been simmering for some time but in my view, the recent events have perhaps made the premier look to move towards this now,” Kenilorea said.

‘Robbed of our tubi’

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Isabel landowners accuse loggers of illegally felling their valued trees

BY PRIESTLEY HABRU
RESOURCE owners of San Jorge island on Isabel Province are handicapped as their fight to stop the harvesting of the endemic tubi tree on the island continues unabated.
Wilson Tohidi, a representative of the San Jorge resource owners, said Sunrise Investment Limited is currently harvesting the prohibited tree species on the island.
“Despite our attempts to stop the harvesting and stockpiling of the tree at Korona land on San Jorge island, harvesting still continues,” Tohidi told the Island Sun this week.
He said 6,673 tubi logs have already been harvested on San Jorge Island in the last four months, weighing up to 8065.927 cubic metres.
“About 1,000 cubic metres of tubi trees were legally cut down for road alignment or accessibility.
“By end of this month, I’m estimating between 10,000 to 12,000 cubic metres of tubi to be harvested and scaled.”
He said an estimated 1,500 cubic metres of tubi are also stockpiled at Lelegia on mainland Isabel, which belongs to the same landowning tribe.
“But felling of tubi in Lelegia has stopped,” he said.
He said Mas Solo Investment Limited is currently licensed to fell logs around Lelegia area but is engaging in construction of road project in the southern tip of Isabel Province.
The tubi stockpile at Lelegia are mostly gathered from fallen tubi trees according to the local landowning tribe.
At least two landowning parties are claiming ownership of the stockpile of tubi trees at Lelegia, including Tohidi and his group.
Tohidi said the illegality of the harvest of the tubi is what his group is concerned with, as Sunrise Investment Limited only has licence to fell commercial tree species on San Jorge Island.
“As such we call on the responsible authorities to cancel this company’s licence and be accountable for breaching the condition of their felling licence.”
He added if the responsible authorities in the government allows Sunrise Investment Limited to harvest and export this prohibited tree species, then it undermines the status of these responsible stakeholders.
“Because they will be seen as breaking the law of the land,” Tohidi said.
He said the landowners of San Jorge and Lelegia logging tenement areas commended the Isabel Provincial Government on its strong stand against issuing tubi licence for harvesting and exporting of tubi logs.
One such applicant was Korona Land Trust Board (KLTB).
“That the company and the group has provided false information at the first place when the (Isabel) Provincial Government enquire about the Tubi Harvesting within those areas (Korona and Lelegia,” John Mark Lokumana, Isabel Provincial Secretary stated in a letter to Chairman of KLTB, Edwin Rogemana, who earlier applied for tubi licence.
There were seven other reasons that Mr Lokumana stated in his letter dated June 19, 2020, in rejecting Mr Rogemana’s application to harvest and export tubi.
There is currently no known licence holder to harvest and export tubi and Sunrise Investment Limited only has a normal felling licence for commercial trees – not for tubi harvest and export.
Island Sun was informed that Permanent Secretary of Ministry of Forest and Research Dr Vaeno Vigulu visited Isabel Province two months ago and saw firsthand there were no commercial trees available on San Jorge island left to log, except for tubi.
“And this is the exact excuse Sunrise uses for landing on San Jorge and fight to legalise its operations on the island,” our informer said.
Our source said Mr Vigulu’s visit to Isabel Province was to step up monitoring and compliance under the Covid-19 awareness programme.
“It was also to ensure the true value for logs exports are reflected in the revenue collected and hear for himself the challenges and issues facing resources owners, the Isabel Provincial Government and the logging operators during the current Covid-19 pandemic,” the informer who requested anonymity said.
Tohidi said Sunrise Investment Limited licence to harvest commercial trees on San Jorge island is valid for five years after it was granted in 2018.
“However, Sunrise has switched from harvesting commercial tree species to the prohibited tubi species on San Jorge as of this year,” he added.
He said the fight to stop the illegal harvesting of tubi tree on San Jorge comes at a cost therefore, he demands those responsible to recognise their plea.
“At the end of the day, we want to maximise the benefits of our own resources especially from this prohibited and endemic tree species called tubi.
“Our people only get peanuts whilst someone, somewhere is getting millions from the resources they do not even own,” Tohidi said.
PS Lokumana in a letter to a law firm representing Tohidi’s group said felling of tubi by Sunrise and Mas Solo had been done when they landed and started operation before they applied for Business License to IPG to do such illegal harvesting and exporting of tubi.
“The Isabel Provincial Government had rejected their applications to harvest and export tubi,” he added.
When Island Sun contacted the Chairman of KLTB Mr Rogemana for comments yesterday, he referred us to speak to their lawyer James Apaniai.
When contacted, Mr Apaniai said he cannot comment because the matter is before the court.
Mr Apaniai’s client, Sunrise Investment Limited, continues to extract tubi on San Jorge island when IPG did not even issue them a business licence.
Island Sun understands there is a case before the high court on this matter between the resource owners and the logging company on the issue of tubi harvest on San Jorge as well as those stockpiled on Lelegia.
Tubi or Xanthostemon melanoxylon (Myrtaceae) is a new species from the Solomon Islands, according to a 2007 published paper by Peter Wilson and Fred Pitisopa.
“The genus Xanthostemon comprises approximately 47 species that are distributed from Australia and New Caledonia through to Sulawesi and the Philippines.”
Wilson and Pitisopa said the Solomon Islands species is extremely hard, durable and very dark, and has been compared with ebony.
They said this endemic species has a limited distribution and is, therefore, rare and found only on San Jorge island, southern part of mainland Isabel Province and south-eastern part of Choiseul.
Tubi logs fetch millions of dollars in overseas markets.

‘SELFISH LIES’

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Selfish lies
Selfish lies

-Gov’t denies backing MPAs to oust Premier Suidani
-Gov’t accuses Malaita provincial leaders and Media

GOVERNMENT has denied claims it is backing certain members of the Malaita Provincial Assembly to oust Premier Daniel Suidani in a planned no-confidence vote.

Certain media reports this week claimed the national government is using sacked MPAs from the MARA executive to carry out the wish of the national government to bring Premier Suidani down.
But, Deputy Prime Minister Manasseh Maelanga said the claim is misleading and false.

“It is not the wish nor the interest of the national government to use sacked MPAs from the MARA executive for any motion of no confidence on Premier Suidani,” Mr Maelanga said in a statement issued yesterday.

He explained the issue is an internal matter within the Malaita provincial government and it is not in any interest of the Government MPs nor the national government to interfere.

“Whatever Malaita Provincial Government does, it’s for Malaita province, and the national government and any government MP has no interest and business to interfere in their politics or any issue for any political reason,” Maelanga said.

Meanwhile, Maelanga urged Malaita province political leaders and the media not to speculate on such misleading and false claims.

“I would also like the media to be more professional and ethical in their reporting.

“The recent trend of media reporting is a disgrace to the media standards and ethics.

“The right to freedom of expression has been hijacked and abused to a point where the public no longer relies on the media for accurate information.

“It is time that a law to regulate the profession is introduced so that our public is not being fed with lies by people who have their own selfish agenda to advance while making money when doing it,” Maelanga said.

Labour told not to grant work permits for SINU expat staff

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SINU
Solomon Islands National University

THE Labour Division in the Ministry of Commerce, Industries, Labour and Immigration should not grant any work permits to Vice Chancellor Dr Ganesh Chand and other expatriate staff at Solomon Islands National University (SINU).
This is because both expatriate staff have broken the law of the country when they entered with residential permits to work at SINU last year.
Two associations representing staff and general staffs at SINU made the call after the Labour Division found both staffs had no work permit and no exemption given by the Office of the Director of Immigration.
“If the Labour Division grants their work permits, it will set a bad precedent where anyone can come into the country with residential permit and work.
“The Labour Division should send them back home and let them apply back to get work permit,” one staff said.
Island Sun understands as of yesterday, both VC Chand and other expats were told to work at home, while waiting for their applications for work permit to be approved at Labour Division.
Riley Henao Mesepitu, permanent secretary of Ministry of Commerce, Industries, Labour and Immigration, said they had met with SINU administration on Tuesday and told them to submit applications for the VC and the other staff for processing.
He said the applications must meet the criteria before the Commissioner of Labour can grant the approval for their work permits.
As such, PS Mesepitu said the VC and the other staff should not work because they entered the country under the permit to enter and reside and not to work.
“SINU is not a regional university, but our university under our laws.
“As such every company has to go through the same process, which SINU is not exceptional,” he said.

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