A FORM five student was one of the people sentenced on Thursday to 12 months in prison for breaching the lock down exercise in the early hours of August 30 at Vavaya Ridge, Honiara.
The 18 year-old was sentenced on Thursday with two others after pleading guilty to one count of restriction of movement contrary to clause 4 (1) and (2) (a) and (b) of the Emergency Powers (COVID-19) (Honiara Emergency Zone) (Restriction of Movement) Order 2021 and Regulation 15 (1) (a), (2) and (4) of the Emergency Powers (COVID-19) (No. 2) Regulation 2021.
The court heard police arrested the student and two other young men after attending a report of disturbances in the early hours on Monday – August 30 at Vavaya Ridge.
It was at 2.45am on August 30 that police went to Vavaya Ridge and saw the three defendants at the Vavaya Ridge main road.
Their lawyer Donation Houa from the Public Solicitor’s Office had told the court that the student was drinking with his two brothers at his brother’s house before the lock down that started at 6pm on Sunday, August 29.
“On his return home at around 2am from his brother’s house, he was arrested,” Mr Houa told the court,” he told the court.
He had asked the court to consider section 35 of the Penal Code (PC) to impose an unconditional discharge given that he is a student and that doing so would affect his education and future prospect.
Principal Magistrate, Augustine Aulanga, however did not consider section 35 of the Penal Code when imposing the sentence for the student.
“I will not accept those kind of excuses.
“You are a student, you drink alcohol and then you commit an offence and then you plea to the court for mercy, I will not accept that,” Mr Aulanga told the student.
In relation to the second defendant, the court heard that the 25 year old was out looking for cigarettes when he was arrested.
“The reason as to why he was arrested was that he was away from his home looking for cigarettes.”Mr Houa told the court.
The third defendant went out to the main road from his residence after hearing some boys drinking.
He heard some boys drinking at the main road so he came out and they give him alcohol.
“He took a sip and that’s when police arrived and arrested him,” Mr Houa said, when he explained in court, why his client was not at his residence at the time of the offence.
He also asked the court to consider when imposing sentence that there was no community transmission and that this is an exercise lockdown
The Prosecution had asked court to impose a fine of $300 or an imprisonment term equivalent to $300 if the defendants cannot pay the fine.
Meanwhile, Crown Prosecutor, Geitaba Waletofea had asked court to consider the fact that the trio deliberately breached the restriction of movement despite knowing about the lockdown exercise.
She said the decided to ignore the law and continue to cause disturbances.
Ms Waletofea also added that though she understands that the virus is not yet in our country, the government had seen fit to impose such laws not only to help us prepare but to help our population know how to contain the virus if it gets into the country in the future.
Having heard from both counsels, Mr Aulanga imposed 12 months imprisonment term for each of the defendants.
He also ordered that the time they spent in custody be taken into account.
Mr Aulanga handed a extempore sentence or the brief sentence orders yesterday.
He said his reasoning for the sentence will be published within seven days from yesterday.
These three defendants were part of the 32 people arrested during the 36 hours lockdown exercise from 6am on Sunday August 29 to 6pm on Tuesday- August 31.
By ASSUMPTA BUCHANAN
Newsroom, Honiara
