ADDITIONAL submissions in relation to the curfew matter will be made in the Honiara Magistrate’s Court on Tuesday.
Chief Magistrate Emma Garo will be hearing the additional submissions from both the prosecution and the defence this morning.
Public Solicitor Howard Lawry had filed a further submission last Friday but later realised it had some error.
Following that, Ms Garo on Monday requested the defence to make the additional submissions and for the prosecution to respond to it today.
On Tuesday last week, both the prosecution and the defence made submissions in court as to whether or not the legal issue raised in this curfew matter can be dealt with in the Magistrates’ Court or the High Court.
Lawry who represents three of the 63 people accused of breaching the curfew on April 10 and April 11.
He was the one who raised the legal issue regarding the curfew regulations in terms of the COVID-19 that was issued by the prime minister.
This was after his clients who face one count each of restriction of movement contrary to section 4 (1) (3) as read with section 12 of the Emergency Powers (COVID-19) Regulations 2020 pleaded not guilty to the charge.
Ms Garo having invited submissions on this legal issue then raised another issue in relation to section 4(3) of the Emergency Powers Act and section 16(8) of the Constitution.
She wants to know if she has the jurisdiction to deal with this matter or if not then whether this matter can be transferred to the High Court.
Two other individuals had already pleaded guilty to the charge of restriction of movement contrary to section 4 (1) (3) as read with section 12 of the Emergency Powers (COVID-19) Regulations 2020.
However, their sentences were ordered to be stayed pending the outcome of this legal issue raised in relation to the matter of the three men.
These five accused were part of the 63 people arrested for breaching the curfew nights on April 10 and April 11.
The other 58 were advised to return home on the afternoon of April 14 after their charges were not filed to the court in time.
Police are now trying to locate them and had them re-bail to appear before the court.
So far 18 of them had been located.
The Director of Public Prosecutions (DPP) Rachel Olutimayin appears for the Crown.
By ASSUMPTA BUCHANAN
