BY JENNIFER KUSAPA

THE Correctional Services Solomon Islands (CSSI) Commissioner Francis Haisoma says that he acts on evidence and proof in disciplining officers.

Speaking to Island Sun in a telephone interview, he said he is aware of the allegation against his officers in relation to the misconduct issues against officers alleged to have smuggled mobile phones and marijuana into the centre for inmates while on duty that was published by SIBC on January 20 this year.

Mr Haisoma said such issues already happened in the past and officers were disciplined and dismissed when found guilty.

He said when such allegations arise they conduct an investigation and if there’s proof, officers are dismissed.

He also said that sometimes information and evidence are lacking to discipline officers and people who have evidence of such allegation should report the issue to rightful authorities.

“We are trying our best to stop such from happening and as Commissioner I have authority to dismiss officers if they are found guilty.

“I have been doing that in the past,” Haisoma said.

He also said that trafficking issues into the prison not only happens to officers but visitors as well.

“Sometimes visitors when they came for visit they hide something in places where Officers cannot check.”

He said that visits to the prison occur during week days, and if visitors hide something for their relative in prison the duty officers will not aware.

Haisoma said, “People may wonder whether CSSI have a CCTV yes there is a CCTV installed but only at the entrance gate but inside the Prison compound no CCTV.”

In an issued statement CSSI said as a leader in correctional management in the region with effective, ethical, committed and professional organisation.

With the mission to enhance the safety of the community by providing secure and human containment through facilitating the rehabilitation and reintegration of prisoners, it stands to maintain that integrity.

Thus the issue of trafficking or smuggling is a normal issue in any prison system in the world, the statement said.

It explains the involvement of staffs with prisoners is part of their duties to rehabilitate prisoners, but not to involve in contraband trafficking or taking in any prohibited articles that is not allowed to enter into a correctional centre for any prisoner.

This is restricted and if found guilty, you are liable for dismissal from the correctional service.

However, there are provisions in the CSSI Act & Regulation which clearly stipulated the prohibited articles and disciplining of officers, it further explains. CSSI commissioner Mr Francis Haisoma said, his office has received reports of misconduct by officers.

Some of the reports regarding mobile and marijuana trafficking have been reported and severe disciplinary actions been taken which resulted to dismissal from service.

Correctional officers are fully aware of the consequences of trafficking prohibited articles and CSSI Commissioner said, he will not tolerate under any circumstances on matters of trafficking

BY CAROL-ANNE SULEGA

WITH the amendment in the Lands and Titles legislation, the Commissioner of Lands may exercise his or his powers to forfeit a Fixed Term Estate or a PE award.

This action, according to the report on the legislation compiled by the Bills and Legislation Committee may happen if a land is not developed within three years of the award.

In such cases, the Commissioner of Lands may forfeit the land or use his or her powers for resumption.

“The affected party may appeal the cause for the act of forfeiting by the Commissioner of Lands, thus the objectives of this Bill to bring certainty to the loopholes of the current Act,” the report states.

However, in this case of a forfeited awarded title Fixed Term Estate or PE, no compensation will be paid to the affected party.

The BLC welcomed this aspect of the reform but also suggested that this provision should be extended so that an estate may also be forfeited in the event the owner of the estate is convicted of an offence relating to the possession, manufacture and sale of dangerous and illicit drugs.

The Lands and Titles (Amendment) Bill 2016 allows the Lands Board to resume for public purposes all or part of a fixed term estate automatically created under section 100 of the Act.

The Bills and Legislation Committee, in conducting the inquiry looked at the power of resumption of the Commissioner of Lands, compensation for resumptions

BY JENNIFER KUSAPA

HEARING of evidence into the case of a Japanese national has adjourned for Monday.

The trial was supposed to have been resumed yesterday for ten days, but had to be adjourned due to some reasons by the counsels.

This is the case alleged to have involved a Japanese national alleged of commercial sexual offences relating to incidents in October and November of 2016.

He pleaded not guilty to the charges at the Honiara Magistrate Court last year and a committal hearing was made on whether or not there is sufficient evidence on the case.

After the committal hearing the presiding magistrate ruled that prosecution has sufficient evidence on the case and committed the matter to High Court for trial.

The allegation said the accused possessed digital photographs of child exploitation material on his laptop and also he allegedly procured one unity home to provide commercial sexual service in Solomon Islands. His laptop also was seized by police upon his arrest.

A private lawyer Michael Pitakaka is representing the accused in court, while the office of the Director Public Prosecution is prosecuting the matter in court.

BY CAROL-ANNE SULEGA

OFFENCES committed under the Fisheries Management legislation are to be prosecuted before the High Court except where jurisdictions are within the Magistrates Court and where summary proceedings are taken.

An authorised officer may lay information under the guidance and control of the Director of Public Prosecution (DPP) as a precondition for the Solomon Islands Government to sue for and recover fees, levies and charges.

It further provides that any limitation on the laying of information under any Act will not apply to an offence under the proposed legislation

The DPP, Ronald Bei Talasasa raised his concern during hearing of the Fisheries Management legislation before the Bills and Legislation Committee (BLC) of the possible misinterpretation of clause 98(2).

The limitation on laying of information could mean either such is by of the Statute of Limitation Act, or it could be interpreted to mean limiting the powers of the DPP in relation to what is provided for in legislation.

“If the former is the intention of the provision, then it must be specifically spelt out.

“If it refers to the latter, then that provision must be read with section 91 of the Constitution.

“… and if it steps into the corridors that is provided for or as section 91 of the Constitution, then it should also be made clear so as to avoid any conflict,” the DPP stated in the report.

The BLC then added that the implication of the limitation of laying information in court must be clearly expressed so as to avoid misinterpretations.

If such limitations are required by the Statute of Limitation Act, then it must be clearly expressed.

“If it is limiting the DPP’s powers to laying information in relation to other legislations, then such interpretations ought to be construed carefully as there could be a possible breach of the Constitution,” the report added.

BY CAROL-ANNE SULEGA

THE proposed amendment of the Valuers (Amendment) Bill 2016 to the new structure of the Valuers Board is to ensure that the membership of the Board is more relevant to the valuation profession.

According to a report on the legislation by the Bills and Legislation Committee (BLC), in the Permanent Secretary of the Ministry of Lands, Housing and Survey’s evidence before the Committee, he stated that some board members positions are reserved for provisions that are less relevant and other provisions that are not currently represented.

The amendment proposed to remove the civil engineer, chartered accountant and accountant from the board and introduce a quantity surveyor as a professional with much closer ties with the valuation profession.

“However, most of the witnesses to the hearing stated that they were not consulted about the Bill and the suggested recommendations to change the structural composition of the Board’s membership,” the report states.

BY CAROL-ANNE SULEGA

THE Bills and Legislations Committee (BLC) expressed concern over the Whistle-blowers legislation that it does not apply to a person who goes to the media for whatsoever reason.

The Whistle Blowers Protection Bill 2016 is one of the anticorruption legislations.

The object of the Whistle-blowers Protection Bill 2016 is to protect persons making disclosures about conduct that may constitute corruption, maladministration or misconduct in public office from liability and victimisation.

In 2014, the United Nations Office on Drugs and Crime conducted a review of Solomon Islands’ compliance with the United Nations Convention against corruption.

It showed deficiencies in several areas of law and administration, in particular the scope of the existing laws and their ineffectiveness in preventing corruption.

The Solomon Islands Government accepted most of the recommendations in the UN review and the Anticorruption Unite of the Office of the Prime Minister and Cabinet (OPMC) developed a policy on Anti-corruption.

One component of this policy is this Bill.

In a report by the BLC on the legislation, the Committee says that if a person who goes to the media in the case that it has exhausted all other appropriate channels, but it may also happen without the person exhausting other channels, there are concerns.

The Committee further noted that the intention of the Bill is to encourage people to go the appropriate authorities in making disclosures.

Legal Draftsman of the Attorney General Chambers, Catriona Steele highlighted in her evidence before the BLC that the intention behind this is to do so – go to the appropriate channels in making disclosures.

“The Committee is concerned that in situations where all relevant channels provided for under the Bill have become ineffective or for some reason compromised, it would be good to encourage whistle-blowers to use the public media.

“Perhaps the public media ought to afford protections to journalists writing investigative articles,” the report strongly suggested.

BY LYNTON AARON FILIA

TAKWA Clinic in North Malaita is reportedly low on drugs.

Patients say this has been experienced since late last year.

There is growing concern among surrounding communities, who complain that the only three drugs available in the clinic are paracetamol, septrin and amoxicillin.

They say most times, patients with malaria are sent home without treatment; or are sent home with the above mentioned tablets.

Authorities have only offered advice for people to take extra precaution while they work on a solution.

The situation is a grave concern to the people of Lau/Mbaelelea constituency, and are calling for support and an end to this.

Supervising Director of Nursing for Kilu’ufi Hospital, Mr Richard Maegerea when queried over the matter said the responsible authority for drug distribution is Malu’u clinic.

He adds there are drugs available for clinics around Malaita which include Takwa clinic.

Meagerea said, “Malu’u is the main storage of drugs for clinic in north Malaita, and anything to do about medicine distribution when shortage they are the responsible authority.

“Each clinic around Malaita province have its main health centre to feed clinics with drugs, and Kilu’ufi’s role is to ensure drugs are submitted in time to main health clinics.”

Island Sun could not reach Malu’u clinic for comments since the centre is without a landline telephone.

Takwa clinic is the only centre providing health service to Lau/Mbaelelea constituency as the Kwailabesi clinic has been closed.

Any serious case will reach Takwa first before referring to Malu’u or Kilu’ufi hospital.

BY CAROL-ANNE SULEGA

THE Solomon Islands Electoral Commission was never involved in consultations by the Bills and Legislation Committee (BLC).

According to the report on the Provincial Government (Amendment) Bill 2017 (now an Act), the Committee invited officials of the SIEC to explain reasons for tragic lapse in administration as considered in the legislation.

“However the Committee was deceived into waiting three hours.

“No one turned up and so it was not possible to ascertain the reasons of the situation,” the report stated.

It further added that the Committee was extremely disappointed with the SIEC in this matter and the manner in which its invitation was treated with contempt.

It then called upon the Minister of Home Affairs and the Minister of Public Service to immediately look into this matter and seek remedial action on the SIEC.

“Although official of the SIEC promised to make a late written submission, this too was never received by the Committee.

“The Electoral Commission must take this matter seriously.” The report stated.