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CHOISEUL FISHERIES ORDINANCE 2020 PASSED

Written by
Barnabas Manebona
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BY BARNABAS MANEBONA

Choiseul Province Fisheries Management Ordinance 2020 has been passed.

After going through the whole committee of the Choiseul Provincial Assembly saw the ‘ordinance’ passing yesterday during the province Assembly meeting adjourned to continue today.

According to Choiseul Province Deputy Premier Hon Nerio Ulemiki, the ‘Choiseul Province Fisheries Management Ordinance 2020’ changes the ‘2011 Fisheries Ordinance’ that their province has been previously using.

“The Choiseul Province Fisheries Management Ordinance 2020 changes the 2011 fisheries ordinance that we have been using. This is what has been passed today [yesterday] after going through the whole committee of the house,” said Ulemiki.

A motion of ‘Sine Die’ is understood to be debated tomorrow Friday on the last day of the Choiseul provincial government Assembly meeting for this week focused on the ‘Revised Budget’ for 2019-2020.

NO BAIL FOR MAENU’U

Written by
Jennifer Kusapa
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The High Court of Solomon Islands. Photo by SIBC.

BY JENNIFER KUSAPA

CHIEF Magistrate Emma Garo has refused to grant bail for accused Junior Mostyn Maenu’u (PUFF).

Ms Garo yesterday said she accepts that bail is a right guaranteed by the constitution and also accepts that presumption of innocence until proven guilty beyond reasonable doubt favours the granting of bail unless one of exceptions to granting bail exists.

She said the prosecution objects to bail being granted.

“I remind myself that the burden to prove that the defendant should be refused bail lies on the prosecution,” Garo said.

“I also remind myself that the standard to prove that the defendant should be refused bail is one of on the balance of probabilities,” she added.

Maenu’u had been bailed since 26 March 26, 2020, but was revoked by the court on September 3, 2020 upon application from prosecution.

Garo said Maenu’u is charged with discharging of firearm contrary to section 44 of the firearms and ammunition Act Cap 80.
That on March22, 2020 at upper Tinge Ridge, Honiara, did have in his possession ammunition to wit 1x9mm PARA Dag without being the holder of a current firearm licence.

And two other counts of possession of firearm without a firearm Licence contrary to section (2) (a) of the firearms and ammunition Act cap 80.

When he first appeared in court for those offences, he was granted bail by the Deputy Chief Magistrate with strict conditions.
However, on April 2, 2020 Director of Public Prosecutions applied to have the bail revoked.

The case has been mentioned several times before the court and on August 11, 2020 other charges were again filed against the accused for criminal trespass and two counts of intimidation.
The new offences were allegedly committed by the accused on July 4 and 13, 2020.

The allegations are the subject to the proceedings in criminal case no. 763 of 2020 led to the revocation of his bail by the court in September 2020.

Garo said the accused did not appeal the decision of this court on September 3 on the bail revocation.

She said that no evidence had been properly put before the court to enable it to determine judiciously, which way this bail application should fall.

“The Constitution is a living document.

“The Principles enshrined and embedded in the constitution and the legal principles governing the law on bail, cannot be argued interpreted or applied in a vacuum.

“With no evidence properly placed before this court, inescapable conclusion that must be reached by this court is that, this court cannot be satisfied on the flawed or lack of evidence being properly presented, that the circumstances of the defendant had changed since his bail was revoked on September 3, 2020, to justify the granting of bail.

“I further find that no evidence had been properly presented to show a change of circumstances in favor of granting bail to the defendant,” Garo said.

Therefore, she refused the bail against the defendant and adjourned the case to October 20 for mention and setting of new trial date.

Opposition leader congratulates Suidani, calls for unity

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Press Release
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Leader of Opposition and MP for Aoke Langalanga, Matthew Wale congratulates the Premier of Malaita Province, Daniel Suidani, on his success against the no confidence motion tabled against him.

“The victory clearly demonstrates the resounding confidence the majority of MPAs have in Premier Suidani’s leadership and his government’s performance to date, hence should be applauded.

“Everything else aside, the opportunity to move a motion of no confidence is a democratic process available to test leadership and political support and I am heartened to see the level of respect accorded by the MARA government to allow for the rule of law and due process to take their natural causes,” says the Opposition Leader.

Mr Wale says he is confident that Premier Suidani was aware of, and will learn from the challenges encountered heading into the motion.

“These are important lessons that can serve as good building blocks for harnessing strong, credible and competent leadership for the province.

“Thus while congratulating Premier Suidani I also encourage him to now take his leadership to the next level by fostering a governance culture that is rule of law based, transparent and all-embracing than divisive for Malaita Province,” the Opposition Leader adds.

–OPPOSITION PRESS

RISK OF VIRUS SPREADING IS LOW: RODGERS

Written by
Eddie Osifelo
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RISK of the coronavirus spreading out to the communities is very low, says Secretary to Prime Minister Dr Jimmy Rodgers.

His observation, he said, was based on the assessment conducted in the quarantine centers in Honiara after the country recorded two covid-19 cases, where the patients are now isolated at the National Referral Hospital.

Speaking to the media yesterday, Dr Rodgers said firstly there are low risks for front line workers because they use personal protective equipment like masks.

As such, he said there is low risk for the virus to spread to the community but maybe in the quarantine centers.

Furthermore, Dr Rodgers said third tests have completed on Tuesday and results are expected last night or today.

Incident Controller, Dr Nemia Bainivalu said for high risk countries, occupants will undergo four tests.

The first test is carried out within 48 hours, followed by second test between five days to 10 days, third test between 12 days to 14 days and final test between 19 days and 21 days.

Dr Bainivalu said monitoring was done on daily basis after the second case was confirmed over the weekend.

He said they found some contact tracing, possible some interaction in Philippines, during flight and contact in quarantine center.
As such, he said they identified possible mixing, therefore there are some contacts.

Currently, there are seven patients at NRH, where two have positive cases, four negatives and one under investigation after admitted upon arrival.

Medical Superintendent, Dr John Hue said the isolation centers are out of bound from public.

Malaita MPAs threatened in fallout of failed motion

Written by
Samie Waikori
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BY SAMIE WAIKORI
AUKI

TWO provincial members of Malaita have reportedly been threatened by men demanding ‘bribe money’ in Auki.
Both are MPAs of Ontong Java, Malaita Outer Island; William Ionga (Pelau, ward 32) and John Kehosi (Luaniua, ward 31).

Speaking to the paper both MPAs said the men went to their homes on Tuesday night and demanded that they return $10,000 bribe money which the men claimed had been paid to the MPAs to vote against Premier Daniel Suidani in Tuesday’s motion of no confidence.

Both MPAs deny vehemently any knowledge of this $10,000 and that any bribery took place.

The MPAs said the incident happened at Fasitoro area and that another Malaita MPA had led the men. It is understood that MPA (name withheld) is a former minister of the MARA government and is now with the non-executives.

The Lord Howe MPAs say the situation that night cooled down after they reported the matter to the premier, who then sent security personnel to their homes.

This incident shows that money was being played during the lobbying period leading up to Tuesday’s assembly.

Kehosi has since called for his residence to be fenced.

Meanwhile, a MPA from the MARA government has told this paper that he had been summoned on Monday night by a non-executive MPA (name withheld) and offered a bribe to vote against Premier Suidani.

The MPA said he refused and never received the money.
It is unclear whether the above matters have been reported to police or not.

GOVERNMENT MOVES TO CENSOR QUARANTINED STUDENTS

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Press Release
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BY PETER ZOLEVEKE II

Government is looking to censor quarantined students from social media in an attempt to clamp down on sharing of ‘unauthorised information’.

This move is said to come under the stipulated national government emergency powers to be cautious on cyber social media issues of information.

Speaking during a government press conference yesterday, Chair of Institutional Quarantine Facilities (IQF) Karl Kuper said, “The camp management is being cautioned to mitigate the risks of the virus among the students. We are working together with the protective sector and health to help the students to remain positive and confident for the remainder of their stay.”

Attorney General, John Muria Jnr also cautioned that sharing of information with unauthorised officers in the sites and disseminating it is unlawful according to the rules of the State of Emergency.

“We have reports that certain breach along the way. Occupants are giving information on status if they are interacting, mingling or not only to find out what reported was no true,” the AG stressed.

“Due to contact tracing, interview with other people pick up false news. Disclosing information that is … false causes security issues and those are not taken lightly dealing with.”

He warned that under the Emergency power regulation only officers who are authorised with powers are obliged to give right, true information.

“Now those are for the protection of the person and also the public. For example in this case, the fact that someone said he did not mingle with another person, but later find out that he/she did mingle with someone risk increase, people who come across when contact tracing or those who doing swabbing test may increase the risk numbers. So thus we try to avoid it with the implementation of the regulations,” Muria Jnr said.

He adds that hefty fines are in place under the national security risk laws.

“Now by doing that by not complying with those heavy fines as a national security risk because the person endangered the life of public people especially and yourself,” he said.

“Information is collected and will be passed on to the relevant authorities to take on the next step, which is enforcement of the breaches of regulation.”

Police Commissioner Mostyn Mangau also assured that police intelligence department officers are also deployed to the two quarantine sites, Guadalcanal Beach Resort (GBR) and Chengs Building.

“Police are on standby to strengthen emergency regulation issues. Intelligence officers also deployed who are currently managing the security arrangement, providing surveillance, capture what activities going on within sites and regular support as well as.

“Officers will not be returning to their families until they are done with their 14-day deployment, swabbed and tested by health officers if they are clear then report back.”

Mangau said they are working closely with all the agencies involved to avoid the possibility of spreading the virus among the camps.

EXPECT MORE CASES: GOV’T

Written by
Mavis Podokolo
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Covid-19
Photo: Google

Uncontrollable interaction among students in quarantine foils government’s goal to contain virus spread in centres

Government is forewarning the country to expect more covid-19 cases from our students in quarantine.

This is because the students are breaching quarantine rules, says Dr Jimmie Rodgers, Secretary to the Prime Minister and member of government’s covid-19 oversight committee.

In a media conference yesterday with the oversight committee, Mr Rodgers said this grim outlook is based on a recent assessment carried out at the Chengs quarantine station after the second covid case was detected.

He adds that the risk of the virus spreading within the institutional quarantine facilities (IQF) is high, the assessment indicates.
This revelation indicates that whatever mechanisms government has entrusted to prevent the virus from spreading within the quarantine sites is failing.

However, most importantly, government reassures that the virus will be kept contained behind the walls of quarantine sites, and will not be allowed to enter the community.

Speaking of the students’ blasé behaviour in yesterday’s conference, Rodgers said, “This is because when we put students in quarantine, the understanding is they will be quarantined by staying in their rooms without going out, not mingling around and having their foods and going back into their rooms, but is very difficult, imagining ourselves trying to lock ourselves up, it’s difficult we know that.

“However, students in quarantine centres are not in fact isolating, they are in fact congregating, some of them are going into each other’s rooms, that gives us the sort of sense of concern.

“Basically, this means that we could be looking at expecting some more cases coming from the sites because of that.

“Now we hope we don’t have any which would be very good but, in the event, we have some it’s because of the way which the occupants of the quarantine stations have been mixing,” he said.

Rodgers said the report made some important conclusions; one is the risk of contracting the virus is low for frontline workers because – they are wearing personal protection equipment (PPE), and duration of contact with the students is “not long”.

Second, he says, is that the chance for the virus to spread into the community is low: “because the virus has to be transported from where it is to the public and get into someone in order for it to spread that one, we fairly sure it is not happening.

“However, one conclusion says the risk of spread within the centre can occur and that is our concern at the moment.

“So, in terms of how do we manage that, that would be something the oversight committee would be meeting tomorrow to see how best we can address this issue,” said Rodgers.

He adds that the third covid-19 test for Solomon Islands Philippines students in-country including the two positive is still pending. The third test was carried out after 12 to 14 days.

“We anticipate results maybe from later tonight (last night) because there are many of them. There are more than a hundred tests, some are repeat tests so maybe by tonight (last night) and tomorrow (today) will have some result and we will be able to share,” said Rodgers.

The number of covid-19 cases in the country remains at two.
The students, who were repatriated from the Philippines on September 29, are being quarantined in two sites – GBR and Chengs, both in east Honiara.

Photo: Google Supplied

Tubi thief fined

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    Asian logger breaks environment and foreign investment laws, faces permit cancellation

    BY PRIESTLEY HABRU

    AN Asian logger is facing a fine of up to $100,000 over its illegal harvesting of “Tubi” trees in Isabel Province.

    The Foreign Investment Board (FIB) communicated the fine to Sunrise Investment Limited in a letter it issued to the logging firm early last month.

    FIB said this is for violation of approved condition relating to harvesting of Tubi or Xanthostemon melanoxylon (Myrtaceae), which is endemic to Solomon Islands and only found on the eastern tips of Isabel and Choiseul islands.

    Tubi is a protected tree species under the Solomon Islands Environmental and Wildlife Protection Management Act.

    “That Sunrise Investment Limited violates the Isabel Resource Management and Environmental Protection Ordinance 2005, section 5 (4) by taking a prohibited species of wildlife or forest resources which is prohibited under the wildlife and protection management act,” Registrar of FIB Lynette daWheya stated in a letter to the company dated September 7, 2020.

    Mrs daWheya said Sunrise’s continual harvesting of Tubi trees on Isabel was also without the written consent and approval of the Executive of the Ministry of Natural Resources and Business Licence for Wildlife trader.

    “The offence for violating the ordinance or any of the provision by anybody is liable on conviction to; a fine not exceeding $100,000 and a penalty not exceeding $50,000,” the FIB Registrar said to Sunrise.

    The $50,000 is to be paid to the Provincial Resource Management Fund in accordance with section 43 of the Isabel Resource Management and Environmental Protection Ordinance 2005.

    It was revealed Sunrise Investment Limited Certificate Number 1925 has failed to comply with its Foreign Investment approval conditions.

    As such by virtue of section 23 of the Foreign Investment Act 2005 (amended 2009), the letter by the Registrar of FIB was to show cause notice and Sunrise Investment Limited was charged with several violations.

    Apart from violating the Isabel Resource Management and Environmental Protection Ordinance 2005, Sunrise was also charged with violations of Foreign Investment reserved business activities.

    daWheya said Sunrise Investment Limited on or about mid 2019 at Korona Customary land on San Jorge island, Isabel Province committed a violation contrary to section 23 (1) of the Foreign Investment Act by conducting a prohibited and investment reserved for locals pursuant to schedule 2 of the Foreign Investment Regulations 2006, as read with or along Wildlife Protection Act 1998 section 11.

    FIB said Sunrise Investment Limited have conducted a gathering of wild forests products, namely felling, extracting and exporting of Flora namely Xanthostemon known locally as Tubi.

    By violating the Foreign Investment Act and Solomon Islands Wildlife Protection and Management Act, Sunrise has committed an offence.

    “The punishment for violation of the law is fine and maximum penalty is imprisonment for 12 months or more,” FIB said.

    Furthermore, Sunrise failed to notify the Registrar of Foreign Investment of additional business activities conducted by the company.
    The company was given 10 days upon receipt of the letter dated September 7 to provide reasonable explanation to the Registrar of Foreign Investment Division with supporting documents as to why the company’s Foreign Investment Permit should not be cancelled.

    FIB said failure to comply with the notice, Sunrise certificate of registration will be cancelled with the Registrar of Companies, Commissioner of Labour and Immigration to be notified.

    The illegal felling of tubi trees on San Jorge island in Isabel Province has angered local landowning groups.

    A local landowner of Korona land on San Jorge Wilson Tohidi said recently that about 6,673 tubi logs have already been harvested, weighing up to 8065.927 cubic metres.

    The total cubic metres of tubi is increasing as felling continues.

    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.

    Sunrise has continued to extract tubi on San Jorge island despite not being granted a business licence by the Isabel Provincial Government.

    Comments are being sought from Sunrise Investment Limited.

    The bomb story

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    POLICE say the two foreigners killed in the bomb explosion at Tasahe, west Honiara, Sunday, had been storing old World War II explosives at their rented property.

    Australian Trent Lee and Briton Stephen “Luke” Atkinson died when an unexploded ordnance detonated shortly after 7.30pm, police say.

    The two men were employees of the NGO Norwegian People’s Aid (NPA), which maps unexploded ordnance across the country, working alongside the police bomb disposal unit.

    Head of the Explosive Ordnance Disposal (EOD) unit within the Royal Solomon Islands Police Force (RSIPF) Inspector Clifford Tunuki said his officers yesterday moved the bombs to the disposal site at Hells Point, east of Honiara.

    Tunuki said although his unit had a good working relationship with the NPA project, they are concerned that the two men decided to conduct EOD operations within a residential area.

    “RSIPF did not know WWII bombs have been moved to the NPA residence at Tasahe,” Tunuki said.

    “If we had known we would have requested that the items be moved to a safe location such as Hell’s Point east of Honiara,” he added
    “We have now moved all other unexploded ordnances discovered at the NPA residence to Hell’s Point as of this morning so the residence is now safe for our investigators to do their work.

    “As investigations are still in the early stages we do not know what exactly happened that led to the bomb blast but preliminary investigations indicate they had several items of UXO at the residence and they may have been conducting some UXO work.”

    Meanwhile, Tunuki reassured the residents of Tasahe they are now safe to continue with their normal activities.

    He said a number of police units are now involved in the investigation including Forensics, Explosive Ordnance Disposal (EOD) and the Serious Crime Unit.

    “The Police Response Team (PRT) and our frontline offices are providing security at the site of the incident.

    “The EOD team is now waiting on the results of the Forensic investigation before completing their report.”

    Meanwhile, deputy secretary general of NPA, Per Nergaard, has told the international media the explosion was “a tragic accident”.

    “So far, we know that there has been an explosion with fatal consequences. Our main priority now is to offer assistance to relatives and colleagues, and to clarify what has happened,” Nergaard said.

    He said NPA’s activities in Solomon Islands have been suspended, and the organisation is assisting police with their investigations.

    MALAITA ENDORSES SELF-AUTONOMY

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    Malaita Premier Daniel Suidani.

    MALAITA Provincial Government says it has endorsed and approved self-autonomy as part of its policy during an extraordinary meeting, Tuesday.

    “The resolution clearly stated that it is important that the awareness about this very important subject matter is carried out in communities within Malaita and elsewhere,” a statement from the province said.

    “This is to gauge collective views of the people on this matter and to ensure that relevant information is disseminated to Malaitans with clarity and the understanding of the matter,” the statement said.

    Last week the Sogavare government claimed that Premier Daniel Suidani’s announcement of a referendum on Malaita independence was “illegal”.

    However, the MARA Government reiterated its stand that there is no legal basis for any such undertaking to be called “illegal”.

    “This is because the intended exercise is simply to facilitate getting opinions of Malaitans, who are Solomon Islands citizens on a political question that has been around for the last 40 plus years.

    “That political question is ‘whether Malaitans want independence or a federal system or some form of political autonomy’.

    “The MARA Government believes that such expressions of opinion are clearly protected by the Solomon Islands Constitution and that the PGA 1997 is no higher than the constitution of the country.

    “For the PMO and DCGA Malaitan MPs to call this illegal is unbelievable.”

    The statement said the matter is a local matter and that the MARA Government believes that the spirit of the Provincial Government Act is to ensure that the provincial governments deals with local matters of concern.

    “In this case it is a 40 years old local matter that have been questioned time and time again.

    “Therefore the MARA Government is responding to a local issue being out there in the cold for nearly half a century.

    “What better ways can there be to go to the people and meaningfully deal with the question right there with them and in their midst?
    “It is time the government learn to move away from hiding behind outdated instruments of law that serves nobody and to facilitate the concerns of the people.

    “The premier of Malaita Province said that ‘when the need for change for the better come knocking on your door do not hesitate to open up and be part of the change’.

    “For sure conducting a survey on people’s opinion on a subject that is of concern to them is not the same as a call for independence.

    “That must be made clear.

    “There are those who hold the view that what the Premier of Malaita Province is doing is in effect calling for independence.

    “They even go further to make whole loads of other assumptions.

    “I must remind them that this is a misconceptualization of the intention of the call that was made.

    “There were those that went as far as saying that independence movements are always been bloody and long.

    “But the MARA government would like to say that a lot depends on the specific situations.
    “In many instances usually groups calling for the independence are minority groups.

    “In the case of Malaita province, it is the largest populated province making up almost a 3rd of the population of the country.

    “The MARA Government believes that the issue of independence can be addressed in a civilized and lawful manner as and when that has to be made.

    “Similarly there are those who even made assumptions that the MARA government is brainwashing the people of Malaita.
    “So far there is nothing to suggest that the MARA government officially runs a scheme to brain wash people.

    “People are free as then always been to think for themselves and make their own opinions and judgments on both private and public matters.”

    The statement said the MARA Government would like to state clearly that let history be our judge.

    It added MARA believes the many issues at hand and have been in discussions do not exist in absolute terms but rather in relative terms.

    “Therefore the assumptions one may have now in terms of Malaita developmental trajectory is just as good as ones assumptions and the sources of information one is exposed to.

    “This could include but not limited to the source of experiences one may have and the knowledge and school of thoughts one is willing to accommodate as part of their world views on development.”

    –MPG PRESS

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