BY MELVILLE TITIULU
The Magistrate Court on Thursday, April 9, discharged a woman who was charged with the illegal sale of liquor.
Mrs. Matilda Laungia, 31, of Malu village, North Malaita, Malaita Province was initially charged with one count of ‘unauthorised sale of liquor’ pursuant to section 57 (2) of the Liquor Act (CAP 144). The complainants in this matter are the residents of Alligator Creek.
Principal Magistrate, Mrs. Joyceth Paile, presided over the matter when it came for mention on Thursday, April 9, at courtroom 2.
Police Constable Mrs. Elizabeth Tome from the Police Prosecutions Department (PPD) informed the court that she intended to withdraw the charges imposed on the accused on the legal basis that the police officers from the Police Response Department (PRD) apprehended and charged the wrong person.
The Principal Magistrate, Mrs Paile, in light of the circumstances raised, granted a discharge for the accused.
She later explained in pidgin to the accused in court what the grant of discharge meant and informed her that she was free to go home.
Constable Mrs. Tome told the court that the confiscated cartons of beers that were raided and confiscated by the police are still kept at the police safe custody as exhibits.
She also told court that she will prepare a written order for the Criminal Investigation team to apprehend the right person to face formal criminal charges.
The Liquor Act only permits the sale of liquor between the hours of eight in the morning and six in the evening.
In the case of illegal sale of liquor, first-time offenders are liable to a penalty fine of one hundred and fifty dollars.
A second time offender, however, will be liable to a fine of three hundred dollars or to both a fine and an imprisonment of nine months to be imposed together at the same time.
In addition to the penalties, all the alcohol confiscated can be forfeited to the State if ordered by the court.
Police Constable Mrs. Elizabeth Tome represented the Police Prosecutions Department (PPD) and the accused was self-represented in court.
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