Hearing of Maenu’u, Garu petition strikeout applications, Aug 30
THE High Court has set down August 30 to hear the applications to strike out the petition cases filed against Member of Parliament (MP) for Lau-Mbaelelea Ben Maenu’u and MP for West Guadalcanal Moses Garu.
High Court judge Michael Collin Pitakaka set down the dates when he mentioned the matters yesterday.
He said the hearing of the application to strike out the petition against MP Garu will be heard at 9.30am on August, whilst that against MP Maenu’u will be heard on the same day at 1.30pm.
Evan Olofia of L & L Lawyers told Solomon Star outside of court that these two petition cases were initially mentioned before Chief Justice Sir Albert Palmer.
He said the matters were allocated to a new judge and yesterday was the new judge’s first mention of the matters and when the date for hearing of the strike out applications were set.
Former MP for Lau-Mbaelelea, Augustine Auga Maeue and another unsuccessful election candidate for the constituency seat, Harry Philip jointly filed the petition against MP Maenu’u.
Mr Olofia, who represents the petitioners, said Mr Maenu’u’s lawyer applied to strike out all the grounds filed against MP Maenu’u on frivolous and vexation grounds.
He said they also challenged the pleadings as they do not specify the offences as set out in the Electoral Act.
Former MP for West Guadalcanal, Anthony Kamutulaka Veke filed the petition against MP Garu.
Mr Veke filed 9 grounds of Bribery and 13 other grounds of offences that are in breach of sections 119, 121, 124 and 83 of the Electoral Act, which mostly concern the electoral process.
MP Garu then filed an application to strike out the petition on similar grounds as MP Maenu’u.
The L & L Lawyers represent the petitioners Auga and Philip and Mr Veke, whilst Maenu’u has engaged the Peter Teddy Law Practice.
Mr Garu has engaged private lawyer Francis Waleanisia.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
PTC on New Year’s Day murder yet to be conducted
THE pre-trial conference (PTC) for the alleged driver of a vehicle that ran into a group of girls, killing one of them on 1 January at the Pacific Casino Hotel driveway in Honiara, is yet to be conducted.
This is because both counsels are yet to finalise the Pre-Trial Conference documents.
Zane Gegeu Taisia is facing charges of Murder and Driving a Motor Vehicle without a Valid Driver’s License.
His matter went before the High Court yesterday when it was heard that the counsels were yet to finalize the pre-trial conference documents.
Chris Rarumae of Public Solicitor’s Office, who represents Taisia, also put the court on notice that he will be making a bail application for his client.
Deputy Chief Justice Rex Faukona therefore directed the defence counsel to file the bail application, the prosecution to respond to the application and the written submissions to be made before the next court date.
The matter was adjourned to September 16 for the court to purposely check whether counsels complied with the orders before a date to hear the bail application will be fixed.
Taisia is facing charges of Murder and Driving a Motor Vehicle without a Valid Driver’s License.
This is in relation to an allegation that occurred between 3am and 4am on the 2024 New Year’s Day at the Supreme Casino Hotel driveway in Honiara.
The prosecution alleged Taisia drove a land cruiser into a group of girls, including his girlfriend, and hit the deceased who was late to jump out of the way.
It was alleged that earlier on, Taisia had a quarrel with his girlfriend.
The cruiser hit the deceased against a brick wall and then reversed and sped away from the scene.
Taisia is also facing a charge of Assaulting Actual Bodily Harm charge.
He is awaiting trial in the Honiara Magistrate Court for this matter.
This matter relates to an allegation that occurred between 3am and 4am on New Year’s Day at the Pacific Crown Hotel, Honiara.
The prosecution alleged he assaulted the complainant, a woman who had a fight with his sister.
He allegedly took a solbrew bottle and hit the forehead of the complainant.
Public Prosecutor John Wesley Zoze is prosecuting both matters.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
Court re-lists hearing on application to strike out Kuma’s petition
THE High Court has re-listed the hearing of the application to strike out the petition case filed against Member of Parliament for Northwest Choiseul Harry Kuma for September 20.
The matter will, however, return to court on September 11 to check on the compliance of the parties – whether they are ready for the hearing.
Judge Howard Lawry, this week, made direction for all the defendants to file and serve submissions by the close of business on August 23.
He also directed the petitioner to reply any statement if there are any by August 30.
Judge Lawry then set down the date of September 11 to check on compliances with these directions and listed the hearing of the application for the petition strike out for September 20.
The time for the hearing will be confirmed on September 11.
The initial date for the hearing of the petition strikeout application was August 16.
The court, however, vacated the hearing because the petitioner’s lawyer Ms Lily Ramo was sick.
The petitioner Alick Fleming Pukakoqoro, who was a candidate in the National General Election in April, filed the petition.
He filed two allegations of Corruption and Illegal Practice of Bribery and Accepting Campaign Donations, seven grounds for Bribery and one ground of accepting campaign donations against MP Kuma.
The petitioner also added the electoral officials (counting and returning officers) in the petition in which he filed allegations of Unlawful Conduct and Breach of Duty (non-compliance with procedural requirements of the Electoral Act 2018) against them.
They are listed as the 2nd, 3rd and 4th respondents in this petition case.
The 2nd respondent is the returning officer, the 3rd respondent is the counting officer for Northwest Choiseul Constituency and Attorney General is the 4th respondent who represents all counting officials for the Northwest Choiseul Constituency.
Mr Nickson Ofanakwai of Attorney General Chambers represents the 2nd, 3rd and 4th respondents.
MP Kuma and his lawyer Walter Rotumana of Rano & Company later filed an application to strike out the petition on the grounds that the claims in the petition are frivolous and vexatious, lack sufficient evidence and are an abuse of court process.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
