THE case of the prominent businesswoman, Mary Chow, is now before the Honiara Magistrates’ Court and it is for a retrial.
Chow appeared on Wednesday and her matter was further adjourned to December 10, to determine the trial date.
Her case was remitted back to the magistrates’ court after she won her appeal case in the High Court.
She had successful appealed against her conviction and sentence in the High Court.
Chow was sentenced to 12 months imprisonment following her conviction after a trial for three counts of perjury in the Honiara Magistrates’ Court.
The sentence was suspended.
Chow then appealed her conviction in the High Court of which Justice Francis Mwanesalua quashed the convictions and her suspended sentence.
Justice Mwanesalua then ordered Chow’s case to be remitted to the Honiara Magistrates’ Court for a fresh trial before another magistrate.
The perjury charges were in relation to three statements Chow made during a high court civil case between herself and the Complainant Aggie Podarua.
It was said she lied in court during the civil proceedings that she and Ms Podarua never entered into a written tenancy agreement.
She said they have only entered into an oral agreement.
During the civil hearing no evidence of the signed written tenancy agreement was produced because both parties could not locate their copies.
She and the complainant, Aggie Podarua in 2007 entered into a tenancy agreement over a property owned by Chow.
The agreement involved the complainant to operate a fast food on the property known as the Amy’s Cafe at Point Cruz.
There was a written tenancy agreement signed by both Chow and Mrs Podarua.
After some disputes between the two parties over the payments of the rental, Chow filed a civil suit against Mrs Podarua.
It was during the High Court civil hearing that she made three statements under oath that she and the complainant did not enter into a written agreement.
She claimed there was only an oral tenancy agreement.
Mrs Podarua later located the copy of the written and signed agreement in 2011 and lodged a complaint against Chow.
Chow during the criminal proceedings against her in the Honiara Magistrates’ Court conceded there was a written agreement signed between Mrs Podarua and herself.
She however made a defence of honest mistake.
Maelyn Bird of Bird and Hiele Legal Service is representing Chow while Public Prosecutor Sirepu Ramosaea appeared on instructions of her colleague Margaret Suifa’asia.
By ASSUMPTA BUCHANAN
