Chief Magistrate Emma Garo has dismissed charges against two chiefs and a spokesman from Choiseul Province, who were accused of making false statements under oath.
Chief John Kokoro, Chief Alosi Jonah, and Jerry Pakivai were charged with making a false statement on oath outside of a judicial proceeding, contrary to Section 103(a) and Section 21(a) of the Penal Code (Cap 26).
In her ruling this week, Chief Magistrate Garo stated that the charges could not be sustained based on the evidence the prosecution intended to present.
“Any sworn statement filed by the parties in High Court Civil Case No. 88 of 2024 are statements filed in relation to a judicial proceeding,” CM Garo said.
She concluded that the charges were defective, bound to fail, and therefore must be dismissed.
“The only reasonable order in the circumstances of this case is to dismiss the charges against the defendants. I do so,” she ruled.
The defendants had argued that the complaint against them was motivated by ulterior motives, aiming to use the criminal court to secure a conviction that could undermine a High Court order issued in Civil Case No. 88 of 2024.
They claimed that any conviction would have a collateral effect—effectively punishing them for refusing to support Greenland Enterprise Ltd’s application to conduct logging on their customary land.
The prosecution, however, argued that the charges were not vexatious, frivolous, or an abuse of the criminal justice process.
The charges stemmed from a civil matter: Greenland Enterprises Ltd v. John Kokoro, Jerry Pakivai, Alosi Jonah, New Venture Ltd, Everwind Ltd, and the Attorney General (representing the Commissioner of Forests) in High Court Civil Case No. 88 of 2024.
According to the prosecution, the defendants allegedly made false claims in sworn statements by asserting that the Volaikana Tribe has two chiefs.
CM Garo ruled that this matter falls under customary law.
“Whether or not the Volaikana Tribe has three chiefs is a question of customary fact, to be determined in accordance with applicable customary practices and law in Choiseul Province,” she stated.
The three men had earlier been removed as parties to the civil case, and their filed documents were also struck out following a High Court ruling last year.
The prosecution had alleged that the defendants committed a criminal offense by making false statements in support of their position in the civil proceedings.
However, CM Garo determined that Greenland Enterprises Ltd’s claim that the tribe is led by three chiefs was merely an assertion, and the court does not have jurisdiction to make a factual ruling on that matter.
Joseph Iroga of Florida International Legal Services represented the defendants, while Public Prosecutor Jeremy Oiofa appeared for the Crown.
By Assumpta Buchanan
Solomon Star, Honiara
