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PNG passes tougher gun laws

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DEAR EDITOR, quoting Radio New Zealand International – April 11, 2018, “Papua New Guinea’s parliament has passed tougher gun laws to address the widespread use of such weapons in crimes and in tribal fights.

“The new penalties include over $US300,000 in fines or a jail term of up to five years for the use of unlicensed firearms and the misuse and abuse of licensed arms.

“The penalty for the manufacture of firearms has also increased to imprisonment of up to 10 years.

“Restrictions on the types of guns allowed have also been introduced including hefty penalties for possessing silencers.

“Police Minister Jelta Wong’s amendments to the Firearms Act were unanimously supported.

“Mr Wong said the aim is to regulate and control the licensing and use of firearms.

“He said the escalation of law and order problems across the country indicated the ineffectiveness of the previous penalties.” Copyright : RNZI 2018. (All Rights Reserved)

Yours sincerely

FRANK SHORT

Double jeopardy

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DEAR EDITOR, the Solomon Star newspaper on Tuesday, reported the court acquittal of four men for their alleged part in an armed robbery at Panatina last October.

All four were said to have been acquitted under a provision of the Criminal Procedure Code (CPC) due to insufficient evidence.

The Star’s article, from which I quote, then read, “The Prosecution on the other hand however wanted this matter to be withdrawn under section 190 (2) (b) (ii) of the CPC that provided for a discharge.

“The reason for this is that the prosecution wants to send the file back to the investigators.

“This is for police to fish for evidence and then reinstate the charges against the four accused.”

It is some years since I practiced as a Prosecutions Officer and in that time there have been some changes in the law, notably in some states in Australia and also in Canada, which might allow persons acquitted before the court of a crime to be re-tried for the same crime but as far as I am aware such changes have not been enacted in the Solomon Islands.

I am referring to what I call double jeopardy and an established legal principle that guarantee’s that a person will not be tried twice for the same crime in the same jurisdiction.

Double jeopardy occurs if someone is charged with a crime and found innocent, and then charged with the same crime a second time.

Double jeopardy protects against three different types of abuses:

A second prosecution for the same offense after conviction

A second prosecution for the same offence after acquittal

Multiple punishments for the same offence

An individual can be tried twice based on the same facts as long as the elements of each crime are different.

Double jeopardy prohibits only more than one criminal prosecution based on the same facts and same crime.

The changes to the double jeopardy rule in Australia are quoted as follows:

“On 30 July 2008, South Australia also introduced legislation to scrap parts of its double jeopardy law, legalising retrials for serious offences with “fresh and compelling” evidence, or if the acquittal was tainted.

“In Western Australia, on 8 September 2011 amendments were introduced that would allow also retrial if “new and compelling” evidence was found. It would apply to serious offences where the penalty was life imprisonment or imprisonment for 14 years or more.

“In Tasmania, on 19 August 2008, amendments were introduced to allow retrial in serious cases, if there is “fresh and compelling” evidence.

“In Victoria on 21 December 2011, legislation was passed allowing new trials where there is “fresh and compelling DNA evidence, where the person acquitted subsequently admits to the crime, or where it becomes clear that key witnesses have given false evidence” Retrial applications however could only be made for serious offences such as murder, manslaughter, arson causing death, serious drug offences and aggravated forms of rape and armed robbery.”

It will prove interesting to learn whether there will be “new and compelling’ evidence to see the four acquitted persons brought before the court again on different elements of the case; even assuming the law in the Solomon Islands has been changed to incorporate the kind of provisions introduced to double jeopardy principles in Australia,

Yours sincerely

FRANK SHORT

Support for nuclear veterans in the Pacific

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Open letter to the Commonwealth Heads of Government Meeting (CHOGM), London, April 16-20, 2018

SIXTY years ago this month, the UK government exploded a 2.8 megatonne thermonuclear weapon, codename Grapple Y, at Christmas Island in the central Pacific.

This was one of nine atmospheric nuclear tests during Operation Grapple, the programme to develop the British hydrogen bomb.

As leaders gather in London for the Commonwealth Heads of Government Meeting (CHOGM), we call for justice for the survivors of these nuclear tests.

We write to you as participants in Operation Grapple – sailors and soldiers from New Zealand and Fiji who supported the British Empire in the 1950s.

Between May 1957 and September 1958, we served in the armed forces during the nuclear tests held at Malden Island and Christmas (Kiritimati) Island in the British Gilbert and Ellice Islands – today part of the Pacific nation of Kiribati.

We call on the British Prime Minister and government to fulfil promises made 60 years ago, to address the health and environmental consequences of the UK nuclear weapons programme.

Nearly 14,000 British troops travelled to the central Pacific for the H-bomb testing programme, but other Commonwealth countries were also involved.

New Zealand sent aircraft and two naval frigates with 551 New Zealand sailors to support the tests.

The British colony of Fiji supplied 276 Fijian participants from the Royal Fiji Military Force and the Fiji Royal Naval Volunteer Reserve.

Dozens of Gilbertese islanders worked as labourers to support the military operation.

Commonwealth countries like Samoa, Cook Islands, Fiji and Australia hosted radiation monitoring stations.

In the decades since the H-bomb tests, successive British governments have argued that there was no danger to participants from radioactive fallout.

But as survivors of the tests, we have lost friends and colleagues to cancer, leukaemia and other illnesses that can be caused by exposure to ionising radiation.

This includes Ratu Sir Penaia Ganilau, the distinguished Fijian leader who witnessed the second Grapple test on Malden Island and later served as Governor General and President of Fiji.

The UK government talks of the extensive safety precautions for the tests, to reduce exposure to radiation.

But we know the reality.

Many participants went without safety gear or radiation badges.

Some were used for difficult, dirty and dangerous tasks like dumping drums of nuclear material in the ocean or killing birds blinded by the flash of a megaton hydrogen bomb.

There were many pathways to ingest or inhale radioactive isotopes.

Independent medical studies, such as research conducted by Professor Al Rowland at Massey University in New Zealand, have documented significant chromosomal translocations amongst the New Zealand sailors who joined the naval task force for Operation Grapple.

This evidence of genetic damage raises concern about possible intergenerational effects for our children and grandchildren.

Children of Gilbertese plantation workers on the island suffered eye damage and other health effects from the nuclear detonations.

Survivors on Christmas (Kiritimati) Island have formed the ‘Association of Cancer Patients Affected by the British and American Bomb Tests.’

Today, governments and citizens across the Pacific region call for the abolition of nuclear weapons.

Many Pacific governments – Kiribati, Tuvalu, New Zealand, Fiji, Samoa and more – have signed the new UN Treaty on the Prohibition of Nuclear Weapons.

This treaty has important provisions which oblige countries to support environmental remediation and assistance for the victims of the use and testing of nuclear weapons.

We thank our own governments for the medical and financial support they have already given, but believe the primary responsibility lies with the UK government.

Sixty years after Operation Grapple, we call on Prime Minister Theresa May for urgent action:

-The British government should provide compensation, medical support and environmental rehabilitation to all people affected by Operation Grapple, including New Zealand and Fijian military personnel and i-Kiribati living on Kiritimati Island.

-The British government should provide funds for an independent medical study to investigate potential intergenerational health effects for the children and grandchildren of Operation Grapple participants from New Zealand, Kiribati and Fiji – as it has done for UK veterans.

-The British government should meet its obligations under Article 6 of the Nuclear Non-Proliferation Treaty (NPT) “to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective control”.

We call on all Commonwealth countries – including the three nuclear weapon states United Kingdom, India and Pakistan – to sign and ratify the Treaty on the Prohibition of Nuclear Weapons, with its important provisions on assistance for survivors of nuclear testing.

As fellow citizens of the Commonwealth, we look to the citizens of the United Kingdom to support our call for justice.

Roy Sefton is a former sailor, HMNZS Pukaki, and is a witness to five nuclear tests. He is the chair to the New Zealand Nuclear Test Veterans Association (NZNTVA). He resides in Palmerston North, New Zealand. Paaul Ah Poy is a former sailor, Fiji Royal Naval Volunteer Reserve, and is a witness to seven nuclear tests. He is the president to the Fiji Nuclear Veterans Association (FNVA). He resides in Suva, Fiji.

 

Roy Sefton & Paul Ah Poy

We need leaders not politicians

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BY GEORGE MANFORD

AUKI

FOR the upcoming national general election we need leaders not politicians, says Knoxly Atu, former East Fataleka president council of chiefs.

He said for the past years the people in the rural communities have been ill-informed and know nothing about what the government has in place for its people.

“We need people to think better and vote wise and choose good leaders not politicians.

Atu revealed that the country is currently facing hiccups in its leadership where it also affecting those that live in rural areas.

“Our country is not in a stable position in development purposes.

“For intending candidates that wish to contest in the national general election must first understand our current problem in the country and in rural areas before contesting this election early next year.

“We need proper and quality leaders to govern our country and our people in prosperity and justice.

“On behalf of the East Fataleka chiefs we need change in leadership.”

Border committee distances itself from association

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BY LORETTA BRIGIDIA MANELE

THE Border police post committee has distanced itself from an association which is alleged to be representing former police officers who had served during the tension.

The isolated association has been promoted by a Mr Henry B Kahui in the media.

Spokesman of the Border police post committee, Mr Patrick Mundano said they are not part of the association dealing with the border and ethnic tension related claims.

As a retired police officer who served at the border from 1990-2000, he voices that he and those from the committee are not part of the association.

Moreover, Mundano stated that when the border crisis took place at that time, about 49 of them served at Taro and Korovou police stations but unlike the field police who were deployed there, they were not paid.

He explained that the ministry of police is dealing with their payments and had assured them that they are working on it.

Mundano stressed that the association’s president, Mr Henry B Kahui’s statement which expressed that former police officers who served at the border during the height of the ethnic tension are under members of the association under the association’s constitution is incorrect and not welcomed by their committee.

“Hearing that did not go well with us because we did not give him any mandate to speak of such,” he said.

He suggests Kahui refrains from generalising and assuming that everyone is under his association.

Henry Kahui, chairman of so-called association being isolated by the Border police post committee.

Airlines and CAASI defend new captain

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Solomon Airlines corporate manager Mr Bill Tyson.

BY BARNABAS MANEBONA

SOLOMON Airlines Corporate Manager Bill Tyson says their earlier response together with CAASI over underestimation of their new air training Captain stands the same.

Claim within the airlines continues over the new air training Captain that his recruitment was not proper and only Bill Tyson knows about it.

They say the response given by Solomon Airlines Limited (SAL) Corporate Manager and Civil Aviation Authority of Solomon Islands (CAASI) Acting Director that the expatriate holds an Air Transport Pilots License (ATPL) which no local pilots have at this time and is experienced with approvals as a trainer and checker from other Civil Aviation Authorities is very shallow from the fact in not being Pilots themselves regarding experience and requirements a pilot needs.

Further adding, sources have it that the training Captain’s initial training was delayed too because his flying documents were never available for verification.

“If a proper recruitment was carried out, all verified documents will be provided during interview,” said sources.

“That new training Pilot they are referring to is only a line training Captain being revealed.

“Talking about the good and best of him, all best pilots are out in the greener part of the world. At the age of 50 with 8K plus hours does not speak well of an aspiring aviator.”

However Bill Tyson in response to Island Sun yesterday said that these sources were not present at the interview when the Captain provided the panel with sufficient evidence that he had Check and Training approval on the Twin Otter aircraft in which the panel was more than satisfied with his qualifications.

“He holds an Air Transport Pilots License unlike our current Twin Otter Check and Training Captains although I hasten to point out one is in the process of gaining his ATPL,” said Tyson.

In his earlier response over this issue, Tyson also added that the Captain’s knowledge of aviation far exceeds that of the average pilot and was one of the reasons he stood out during the intensive interview process they went through.

“The Captain also came highly recommended and is very well respected by his peers in aviation,” reminded Tyson.

CAASI Acting Director Brian Halisanau in his earlier response over the issue said that it is SAL who is answerable for this, as CAASI does not deal directly with the recruitment matters.

“However, after assessing previous work records and qualifications in which the authority has written to SAL informing the airlines of the requirements that he needs to satisfy as required by the civil aviation rules, CAASI is confident that the Captain is competent enough to perform duties as an instructor and examiner as he has held similar approvals from other authorities as well,” said the CAASI Acting Director.

Parliament steps in to plug leak in national coffers

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By Alfred Sasako

ORDINARY Members of Parliament will no longer be allowed hotel accommodation during sittings of Parliament, it was revealed yesterday.

Instead, the five or six Ordinary MPs will receive a lump sum payment of $15,000 each.

The payment is the equivalent of monthly rentals Government Ministers and Chairmen of Parliamentary Committees receive for staying in their own houses.

The change came about after revelation that Ordinary MPs opted to stay in hotel accommodation during Parliament sittings, although they live in their houses in Honiara.

The change is expected to save Parliament tens of thousands of dollars a year.

“What usually happened was Ordinary MPs moved into hotels when Parliament was in session. Parliament has never encountered any problems with the arrangement until the unnecessary adjournments became a permanent feature of Parliamentary sittings,” an official explained to Island Sun yesterday.

“When that happened, Parliament had to write to each MP, advising that MPs had to vacate their hotels as Parliament had no funds to meet their accommodation costs during adjournments. Legally, these MPs have the right to remain in their hotels for the duration of the sessions including the adjournment periods,” the official said.

The problem is Parliament had no funds for this.

To avoid unnecessary confusion, it has now been decided that Ordinary MPs be paid $15,000 at the start of each Parliament sitting.

The new arrangement comes into force in July when Parliament next sits.

Hotel accommodation for MPs was written into the Parliamentary Entitlements Regulations (PER) to cater for MPs who lived in their Constituencies.

Today nearly all the MPs live in their own houses in Honiara.

Gov’t urged to put more emphasis on tourism and agriculture in creating jobs

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By Gary Hatigeva

MAKE agriculture and tourism the priority sectors for infrastructure support and development to create more jobs.

Local and foreign economic experts, stakeholders, the government’s partners for development and other support sectors made this recommendation to the government who vows to boost the country’s economy into one that would be inclusive and felt by all in the form of more jobs and livelihood opportunities.

Earlier, reports had warned that the government would be dealing with a high unemployment rate by 2020, which would be detrimental to the economy, should it fail to put in place measures that would create more jobs this early.

Recommendation on these were also submitted to the government, which outlined tasks of economic development, human development and poverty reduction, justice and peace, climate change adaptation and mitigation, and good governance and anti-corruption.

As for the economic development aspect, they said that the government would be able to create thousands of jobs by 2020 if it adopted reforms that would boost the business environment, including that for agriculture and tourism.

The economic experts also highlighted an urgent need to remove barriers to business entries, especially in the area of interisland shipping to help ease food prices, they recommended.

In strongly battling for more support to agriculture and tourism, the economic experts consider these sectors as major job generators because of their forward and backward linkages.

They also recommended that government revisit critical laws relating to the governance and protection of these two important sectors.

To further boost agriculture and tourism, they suggested that the government increase its spending for infrastructure from the current projected percent to a more accommodating percent of the gross domestic product.

Meanwhile, on the human development and poverty reduction aspect, the economic experts recommended that government expand its programs on health, education and social protection, including the conditional cash transfer program.

They said the focus should be on disadvantaged groups such as out-of-school youths, indigenous people, persons with disabilities and more so, on the fast growing number of dropouts, and the public-private partnerships (PPP) should also be strengthened to address skills mismatch.

They added that even reforms in the justice system should also be undertaken, by introducing amendments to or replacing outdated laws, speeding up resolution of cases to clear backlogs that would decongest jails, and combating inefficiency and corruption in the judiciary.

But on peace efforts, they lauded the government for what was described as significant developments, to keep the RAMSI legacy and should also work hard to preserve the gains of the peace process by making the vulnerable people feel they are indeed part of the system.

On climate change adaptation and mitigation, the economic experts said the current government’s agenda has improved a lot and has been highly matched to international standards.

In the good governance and anti-corruption cluster, they recommended that the government “build and empower constituencies for reform that will demand for and support good governance while at the same time strengthen monitoring and evaluation mechanisms particularly on public financial management and performance management systems, and give special attention to governance reform and institution building efforts in the provincial settings”.

Experts however noted that they have recognised the fight against corruption in Solomon Islands, which is being waged with determination by the new government through its policy, but needs to be stamped.

Govt keeps close watch on budget implementation

Deputy Prime Minister Manasseh Sogavare

By Gary Hatigeva

FINANCE Minister and Member of Parliament for East Choiseul, Manasseh Sogavare has assured the country that the National Government will deliver on its development programmes and implement all its priority policies.

The Minister made this assurance when questioned over worries that cuts on both recurrent and development allocations for around 90 percent of ministries, might affect their implementation programmes.

Sogavare however explained that the government is fully aware of the concerns raised, but reassured that they have already put in place measures to ensure all implementations and development programmes are fulfilled.

He further explained that with these measures, the Ministry of Finance and Treasury will play a vital part, in which all ministerial programmes will be tightly monitored and implemented in close consultations with his ministry.

But with the allocations, according to most ministers interviewed, are enough for their ministries to implement all priority areas under their banner, given the short time that is left for the government to deliver on its budget.

While agreeing to concerns over the cuts, most have suggested that things can only be realistic with their allocations regarding all activities, if proper scale down are done in the areas of focus for implementations.

Most interviewed have also shared similar sentiments, stressing that with the little allocations in hand, all those responsible would have to ensure funds are spent on where they are actually allocated to.

Meanwhile, Sogavare revealed that the government in the course of this year, will come back with a supplementary budget.

“And the revenue prospect of bringing a supplement would be very good and so they’ll work closely with us,” the Finance Minister added.

The cuts and intentions to bring a supplementary budget was somehow welcomed by some, who felt the move to cut allocations was smart from the government to have taken the approach.

It was pointed out that having these cuts will surely put strong control over how funds are used up with close monitoring mechanisms, and any additional funding should depend very much on individual ministry’s implementation reports and evaluations.

Most ministers have however assured that they are ready to work and deliver on the budget, while at the same time, anticipate the collaboration approach revealed for all implementation programmes with the ministry of finance and treasury.

Also commenting on the supplementary, Prime Minister Rick Houenipwela further confirmed that a supplementary is coming and added that the minister of finance will take it (supplementary) up.

“Taking into account the revenue measures that are not in the budget, we will have to appropriate them through a supplementary, and as soon as he (finance minister) ascertain all the amounts then he will bring them,” the Prime Minister added.

$3m for primary health care programme in 2018

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By Gary Hatigeva

A total of $3million from the recently passed 2018 National Budget has been allocated for the ongoing Primary Health Care Programme this year, being one out of two policy objectives to have the highest allocation under the Ministry of Health and Medical Services (MHMS).

This comes under the government’s Development Expenditures, which aims to improve health care services, while at the same time making these services more accessible to the rural areas.

MHMS was only allocated a total of $9million for its development programmes this year, but insiders stressed that with the limited allocation, the ministry has also been forced to set focus on areas they feel need the developments most, and Primary Health Care being one of the most important areas of focus.

With the Primary Health Care Objectives, they included two important phases, one of which is the Role Delineation Policy Implementation Plan, and the Delineation Policy implementation Plan, which was forecasted for this year, 2018, as phase two.

Out of the total $9million provision for government’s health development expenditure, another $3million according to the budget document is allocated for the improvement of health service delivery to all Solomon Islanders, with expectations for them to be in quality standards.

This $3 Million will go towards the refurbishment of the National Referral Hospital (NRH), and the upgrades of essential services, which are revealed to be ongoing government programmes from last year, and have fortunately been inserted as part of the new government’s top priority focus.

As highlighted in the budget’s activity summary, the allocations will also enable the Functional Tertiary Care equipment supplying quality services in place as defined by standards in the Role Delineation Policy.

Under its Medical Supplies and Logistics Development Programme, the Ministry on the other hand, pushed to ensure that all its national distribution and monitoring systems are strengthened as an ongoing programme, with an allocation of $1million for its development.

Meanwhile, another set of $1million each were allocated under the Development expenditures, for the Ministry’s Secondary Care Services Programme and the relocation of the National Referral Hospital (NRH).

The allocations are expected to cover for the relocation program to a much safer and secure location, which the government had already earmarked, at the same time, meet the redevelopment of the Tulagi, Kiluufi, and Kirakira Hospital, including the rebuilding of the Gizo Medical Store.

Having been an ongoing programmed, but unlikely to happen this year, part of the above allocation of $1 Million for the relocation programme, will also go towards site Feasibility Assessment and Confirmation, and so as service Plans, Functional Plans, Accommodation

The figures running between $1million to $3million though seemingly huge in respective views, those inside suggested are too small for even the forecasted development programmes, but said they are being asked to see that both their developments and implementation programs under the both the recurrent and development budgets are executed.

They added that the implementations and establishment of development programmes will continue but have been downscaled to suit their allocations.