CHIEF Magistrate Emma Garo has dismissed charges against two Chiefs and a Spokesman from Choiseul Province, accused of making false statements on oath.
Chief John Kokoro, Chief Alosi Jonah and Jerry Pakivai are charged with making a false statement on Oath made otherwise than in a juridical proceeding contrary to section 103(a) and section 21(a) of the Penal Code Cap 26.
In her ruling, CM Garo said the charge as presented against the defendants cannot be supported on the evidence intended to be called by the prosecution.
“Any sworn statement filed by the parties in High Court Civil case no.88 of 2024, are sworn statements filed in relation to a judicial proceeding,” CM Garo added.
Therefore, the charge presented against the defendant is defective, and is bound to fail and will fail,” CM Garo further added.
She said the only reasonable order available to be made in the circumstances of this case is to dismiss the charge against the defendants.
“I do so,” she added.
The defendants argued that the complainant has ulterior motives to use the criminal jurisdiction to obtain a conviction against them, which would then be used to unravel the order made by the High Court in civil case no. 88 of 2024.
They said that a collateral and the consequential effect of any conviction entered and the punishment meted out on them would be that they would be punished for refusing to back Greenland Enterprise Ltd in its application to carry out logging on their customary land.
The prosecution objected to this, arguing that the charge against the defendants was not vexatious, frivolous, scandalous or insulting to the defendants or the criminal justice system.
The court heard that the issue that gave rise to the charge against the defendants arose in the matter of Greenland Enterprises Limited versus John Kokoro, Jerry Pakivai and Alosi Jonah, New Venture Limited, Everwind Limited and Attorney General (who represents the Commissioner of Forest) in High Court civil case no. 88 of 2024.
The prosecution’s case was that the three defendants made false statements to the effect of falsely claiming that there were two chiefs of the Volaikana Tribe in their sworn statements filed with the High Court in civil case no. 88 of 2024.
However, CM Garo ruled that the charge filed against the defendants contradicts the evidence intended to be presented by the prosecution.
She said that whether or not Volaikana tribe has three chiefs, it is a question of customary fact to be determined according to the applicable customary practice and customary law in Choiseul Province.
The defendants were removed as parties to the civil case and their documents filed in court were also removed, following a High Court ruling last year.
The prosecution had alleged that the defendants committed a criminal offense by making false statements in their sworn statements for the civil case.
However, CM Garo found that the assertion by Greenland Enterprises Ltd that Volaikana tribe is led by three chiefs is nothing more than a mere assertion, and the court lacks the jurisdiction to make a finding of fact on whether or not Volaikana has three chiefs.
Joseph Iroga of Florida International Legal Services represented the trio, whilst Public Prosecutor Jeremy Oiofa appeared for the Crown.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
