BY JENNIFER KUSAPA

PRINCIPAL Magistrate Fatimah Taeburi has issued a summon against a defence lawyer for failing to turn up and assisting the court in relation to the case against Philip Mango.

The case was listed for sentencing submission but the defence lawyer did not turn up.

He is also yet to submit his mitigation submission on the case and also for the agreed facts.

Police Prosecution told the court that they tried to contact the defence lawyer but were unsuccessful.

Meanwhile the accused also said that his lawyer has not visited hom for quite some time now.

This is the case against Philip Mango, he is faced with one count of assault on a Police Officer.

The court also told the accused options as to whether or not he still wants his current lawyer to represent him, or find another lawyer or for him to represent himself in court.

Ms Taeburi then adjourns the case to September 18 and told the accused to decide on the three option said to him.

She then issued summon on the defence lawyer Samuel Balea to explain in court why he failed to turn up in court on Tuesday.

POLICE in Honiara have arrested and charged a 56-year-old man for an alleged wounding incident at Koa Hill in Central Honiara after he surrendered himself to police on September 9, 2018.

Provincial Police Commander (PPC) Honiara City, Chief Superintendent Alfred Uiga says, “It is alleged that in the early hours of September 9, 2018, the two victims were allegedly consuming alcohol at Koa Hill.

“They decided to buy some soft drinks at a nearby shop and were accompanied by another male.

“Along the way they told the male who accompanied them to fetch them some water as they waited under a tree.

“As they were standing under the tree, the suspect came out of a house and began talking to them.

“He went back into the house and came out with a kitchen knife and attacked the two victims causing injuries to both of them.

“Police was contacted and the victims were assisted to the National Referral Hospital for medical treatment.”

The accused surrendered himself to police, and he was charged and expected to appear before the Honiara Central Magistrate Court yesterday afternoon for remand application.

–POLICE MEDIA

By Mike Puia

NEW Caledonia, another Melanesian island nation in the pacific, has shown interest to expand its investment presence in the country.

This is according to Prime Minister Rick Houenipwela following his meeting with the President of New Caledonia, Mr Gael Yanno.

Mr Houenipwela and President Yanno meet during the Pacific Islands Forum (PIF) meeting that recently concluded in Nauru.

He said during their meeting they discussed investment and New Caledonia indicated its eagerness to make cooperation with this country like it did in Papua New Guinea and Vanuatu.

President Yanno conveyed to Prime Minister Hou that their investors are keen to invest in this country.

Prime Minister Hou said the indication from President Yanno is good as another Melanesian country wants to do business here.

PNG is the only Melanesian country that has a strong investment presence here.

New Caledonia is probably new. Its notable investment is the newly setup BRED Bank.

New Caledonia, known for its flourish tourism sector, is interested to invest in the tourism and fisheries sector.

In the area of fisheries, New Caledonia has its own company that do purse seine fishing and it processes its own tuna an area Prime Minister Hou says this country can learn from.

BY JENNIFER KUSAPA

WITNESSES who are summoned by prosecution to witness on cases for trial should always available whenever a trial proceeds.

Principal Magistrate Fatimah Taeburi yesterday told prosecution that the court can only stand down cases to allow a lawyer to be available or for lawyers to sort out issues, but not to wait for a witness.

She made the comment in court when prosecution sought a short adjournment to allow the witness to be available in court before the trial resumes.

The witness is summoned by prosecution to testify in court and the court can order for the witness to be remanded in custody, Ms Taeburi said.

This is in relation to the case against John Ross and others.

The trial began on Friday last week. They started with the charge of intimidation – there are witnesses summoned by the prosecution to give evidence in regards to the charge of intimidation.

The men have other charge of false pretence and will call witnesses in regards to charge after they are finished with the intimidation charge.

BY JENNIFER KUSAPA

PRINCIPAL Magistrate Augustine Aulanga has adjourned the case against Solomon Habatia to tomorrow to allow for the defence lawyer to appear in court.

Yesterday both the prosecution and defence submitted their sentencing and mitigation submission, however the lawyer representing the accused did not turn up because he was sick.

A lawyer from the Public Solicitor’s Office who appeared on instruction of his colleague told the court that he cannot further assist the court with regards to other issues.

Public Prosecutor Freliz Fakari said that adjourning the case to Thursday is fine to allow the defence to submit his view in terms of sentencing the accused first before waiting for the outcome of the application at the High Court.

The accused, after he was convicted, appealed his conviction, however that application is yet to be heard.

This is the case of Charles Solomon Habatia a former traffic director who was charged and tried for one count of conversion, contrary to section 278 (1) (c)(i) of the Penal Code.

After his conviction by the Magistrate Court his defence lawyer appealed Habatia’s conviction to the High Court and thus the Magistrate Court is waiting on the decision of the High Court before can proceed on in sentencing Mr Habatia.

His case is in relation to an incident occurred n 2016 when he was the Operation Manager for Honiara city and by virtue of his position, he was responsible for the formulation, coordination and management of police operations of various departments or units in the Honiara city.

Before June 2016, he applied for Solomon Islands government money in a form of special imprest of $24,000 from the Ministry of Finance and Treasury. The application was approved and the money was raised and paid to the defendant. It was purposely to fund police operations within the Honiara city.

Prosecution in their allegation said that he did not use the whole of the $24,000 for the police operations. Instead, he fraudulently converted and used part of it for his own benefit. This occurred from June 3 to August 31, 2016.

The prosecution said the accused retired the money in a spreadsheet and attached a number of receipts obtained from individuals and business entities.

In the imprest retirement, he outlined certain transactions for various police operations under different departments like; the Liquor Unit, Criminal Response Unit and Naha Police.

However, the Heads of these departments were not aware of such engagement or transactions. Those receipts in the prosecution’s case were false.

They were produced by the defendant to deceive the Solomon Islands government in the retirement of the money.

Meanwhile the defendant denied the fraudulent conversion of the money. He remained silent and called no evidence for his case.

He ardently emphasised in his closing submission that he did not receive the money at all and further denied any wrong doing on his part.

He argued that there was no evidence to prove the allegation and therefore, he should be acquitted.

But the court found him guilty after the trial was conducted and convicted him as charged.

By Mike Puia

CHIEFS from Auluta in East Malaita, Malaita province, have welcomed the government’s proposed Traditional Governance & Custom Facilitation Bill 2018.

President of the Auluta Council of Chiefs, Rocky Tisah, said the bill is timely as traditional leaders need to be empowered to do their work in these times.

The bill, designed under the Ministry of National Unity, Reconciliation and Peace, provide for the recognition of traditional governance system, amending the Provincial Government Act 1997.

The proposed law, now before the government, looks to empower and allow tribal chiefs and traditional leaders to participate in decision making on social and economic matters of the country.

It looks to provide a framework for the promotion and preservation of traditional norms, protocols, values and practices.

The proposed legislation also aims to provide a framework for the institutionalisation, management and regulation of traditional governance systems.

Once enacted, it will enable the traditional governance system to become part of the formal governance system with the intention of preserving the customary governance system.

Tisah said the government must make the bill a law as this is required by the national constitution.

He said at present traditional leaders are powerless and only an act of parliament will bring back the powers traditional leaders have.

Chief Tisah said for 40 years traditional leaders have been ignored the important role they play particularly in the rural areas.

He said passing the bill is an urgent matter.

Tisah said the bill shown be ready so that provinces that are ready can proceed and go with it in the own style of ruling.

BY JENNIFER KUSAPA

THE court is yet to set the date for trial on the case against former Member of Parliament, Hypolite Taremae.

Appearing in court yesterday, defence lawyer Anderson Kesaka told the court that defence intends to call 52 witnesses in relation to the two charges against his client.

He said that they will cross examine all witnesses that is why they wanted to call all 52 witnesses.

Meanwhile Principal Magistrate Fatimah Taeburi said that 52 witnesses on two charges is too much, and ordered that the list of witnesses be trimmed.

She said that prosecution should specify the issues relating to the two charges.

Ms Taeburi then grant another adjournment to allow the prosecution narrow down the issues and for both counsels to trim down the list of witnesses for the trial.

Taeburi said on the next occasion all issues should be sorted out and trial date should be set.

The case then was adjourned to September 25 for mention.

This is the case against the former MP who has pleaded not guilty to the charges against him and a PTC has been set he was arrested for allegation of misappropriation of fund in 2011 and 2013.

The allegation said Mr Taremae has misappropriated more than $200,000 for reafforestation project for Central Makira Constituency.

He was arrested and charged with conversion late in May this year.

Office of the Director Public Prosecution appears for crown while Anderson Kesaka is representing the accused.