After serving the country 40 years as a lawyer, the country’s first local Director of Public Prosecutions (ODPP) and then a judge, Justice Francis Mwanesalua CBE retires.
One of the famous criminal cases that Mwanesalua prosecuted, was the case commonly referred to as “ the Jeanette Diana case” in 1984.
The Deputy Chief Justice’s retirement comes following his ill-health and lately eye-sight problems causing difficulty in his reading.
Chief Justice Sir Albert Palmer in his farewell speech yesterday described Mwanesalua as one of the early and long-serving lawyers and judges in the Public Service.
“We will miss his gentle spoken voice and mannerisms in and around our meetings and gatherings and the great respect, courtesy, and support that he always displayed to me and his fellow judges, for which I thank him most sincerely,” Sir Albert said.
“Behind every successful man is his better half, his wife, and not forgetting his children as well.
“We extend our sincere thanks to Mrs. Mwanesalua and his children for their faithful and dedicated support to his Lordship in enabling him to continue to serve in the Judiciary for the past 16 years,” Sir Albert added.
Mwanesalua who will be turning 66 years old next month is from Komuta’a, Logga Kwaoka in North Guadalcanal.
He joined the Public Service as a Senior Legal Officer in the Attorney General’s Chambers on 17 October 1980.
Sir Albert said Mwanesalua was appointed the first local Director of Public Prosecutions in 1984, a post he held for 20 years.
On 22 July 2004, Mwanesalua was appointed to the Bench of the High Court.
Sir Albert said one of the famous criminal cases that Mwanesalua prosecuted in his new role, the case of R v Finete and C & F Fishing Ltd [1984] SBHC 12; [1984] SILR 40 (30 July 1984), more commonly referred to as “ the Jeanette Diana case.”
He said that the fishing boat from the United States of America was caught fishing illegally in our waters.
“Those charged were convicted and dealt with by the court and the boat confiscated.
“It was eventually resold back to the company for some USD 70,000 back then,” Sir Albert added.
Sir Albert said that it has not been an easy journey for Mwanesalua during the ethnic tension because of DPP.
He said this was because as DPP, he was one of those that had been targeted by militants with threats of violence and harm, putting his life and that of his family at risk.
This had caused Mwanesalua to flee to his wife’s village at Isabel for safety during that time.
“It was not easy for his Lordship to resume duties and shortly thereafter in 2004, he was appointed to the Bench.
“His Lordship has been on the Bench for a total of not less than 16 years and has been at the forefront during the rebuilding phase of post-tension years, hearing both civil and criminal cases and contributing much to the restoration of rule of law, order, and justice in the country.
Sir Albert thanked Mwanesalua for his years of sacrifice and service during that most difficult period of time in the history of our nation.
He added that it was extra hard for Mwanesalua after what he had endured during the tension period.
“It is easy to forget and overlook what his Lordship and others in the Justice and Legal sector had to endure and overcome, coming out from an environment where the rule of law had broken down, to ensure that the justice sector did not fail and come out stronger and more resilient than ever.”
Sir Albert said it has been a long journey fraught with so many challenges and hurdles.
“The iron bars in some of the courtrooms strengthened glass dividers that you see, which are supposed to be bulletproof, and restricted entry points for lawyers are some of the remnants of that time.
“Some of you will recall armed soldiers patrolling our streets and armed police officers around our court premises during the hearings of high profile tension cases.
“But, it has all paid off by the grace of God, what you have today has been the work of many like his Lordship who gave of themselves, their time and efforts to ensure that justice was not only done but also seen to be done,” Sir Albert told Mwanesalua.
Mwanesalua said he took great pride, pleasure, and honour to have served the Solomon Islands and the people for the many years as Deputy Chief Justice of the Solomon Islands.
“Continue to work together to achieve the cherished goal of justice and to safeguard the independence and integrity of the Judiciary.
“I am sure that under the guidance of the Chief Justice and my sister and brother Judges, the Solomon Islands Judiciary will continue to rise to the functions.
“With dedication and commitment I have no doubt the High Court of Solomon Islands will continue to produce greater legal minds in the years to come,” he added.
He also took the opportunity to thank and bid goodbye to all High Court judges and High Court staff.
By ASSUMPTA BUCHANAN
Newsroom, Honiara
