Doctor Regional Aipia, who was accused of catching and retaining Beche-de-mer during the ban period in 2013, is now a free man.
This was after Principal Magistrate Augustine Aulanga had him acquitted of one count of catches and retains Beche-de-mer contrary to regulation 13A of the Fisheries (Amendment) Regulation 2009 and section 59 of the Fisheries Act 1998 as read together with section 21 of the Penal Code.
Prosecution yesterday made an application to discharge the charge against Aipia under section 190 (20 (b) (ii) of the Criminal Procedure Code (CPC).
This section provides for a discharge, which means police can re-reinstate the charge against Aipia if they collected enough evidence against him.
The defence counsel however asked the court to acquit Aipia and not to discharge him given the long delay of the case.
The matter came before the court yesterday again for a trial.
This would be the seventh occasion the trial failed to proceed mostly due to the non-availability of prosecution witnesses.
Due to the non-availability of prosecution witnesses due mainly to the transport difficulties to bring them from Lord Howe Islands in the Malaita Outer Islands to Honiara and also, some of the witnesses were implicated to participate in the harvesting of the beche-de-mer, the prosecution applied to discontinue the case and asked the court to discharge Mr. Aipia.
Mr Aulanga having heard submissions from the prosecution and the defence counsel declined to accept the prosecution’s application and ruled in favour of the defence.
Instead of withdrawing the case under section 190 (2) (b) (ii) of the Criminal Procedure Code (CPC), he made an order under section 190 (2) (b) (i) of the Criminal Procedure Code to acquit Aipia.
His reasons were due to the lengthy delay of this matter way back to 2014.
Mr Aulanga said to discharge the accused so that police will recharge him again in future given the delay of almost 3 years by the prosecution to properly investigate this matter is inexcusable, unsatisfactory and clearly inordinate.
“The prosecution has been given too much time and resources to investigate this case for nearly 3 years and did nothing to improve its case.
“If there has been a prospect to further investigate this case then the prosecution should have done it already.
“Another reason for granting the order for acquittal is the unreasonable delay and the prejudicial effect that the matter will have on Aipia if he is to be recharged again in future.
“Since the inception of this matter since 2014, the accused has been faithfully attending to his trial and this is the seventh occasion the trial did not proceed.”
Mr Aulanga said to allow the police to recharge him again in future given the lapse of delay this case has taken will further delay the case and this will offend his right to have his matter tried within a reasonable time.
He said despite the charge faced by Aipia is serious and the public interest for the prosecution of the case is high, that consideration must be balanced or weighed against the need to deal expeditiously with the case.
“Therefore, an order to acquit Aipia and not to discharge him was the reasonable and appropriate finding the court had reached for his case.”
Aipia was charged in relation to the allegation between 1st of August to 6th of October 2013 at Lord Howe, Malaita Outer Islands where he was suspected of catching and storing certain amount of Beche-de-mer products, or he aided and abetted the catching and storing of Beche-de-mers as declared by the Solomon Islands Government.
The amended charge against Aipia was laid after the matter was remitted from the High Court in 2015 for retrial.
This followed a successfully appeal by the prosecution against a magistrate’s decision in dismissing the matter at an earlier hearing in 2014.
Wilson Rano of Rano & Company represents Aipia whilst Public Prosecutor Rajah Patrick Abe appeared yesterday on behalf of the Crown.
By ASSUMPTA BUCHANAN
