Matter of alleged IFM leader awaits fixing of trial dates
THE matter of an alleged leader of the defunct Isatabu Freedom Movement (IFM), who was accused of planning to burn down state own buildings in Honiara, will return to court August 26.
That is when the trial dates to hear this matter will be fixed.
The defendant John Damusi, 53, is facing trial for the charge of Conspiracy to Commit Arson Contrary to Sections 383 and 319 of the Penal Code.
His matter was put before the Honiara Magistrate court Thursday when it was heard that a magistrate is yet to be confirmed to preside over this matter.
A voir dire hearing (trial within a trial) that was supposed to commence early this year was vacated.
This was because Damusi’s co-accused Moses Su’u, who is the alleged leader of the defunct Malaita Eagle Force (MEF), died in his home village due to an illness.
The prosecution had then withdrawn Su’u’s matter, leaving only Damusi to face the charge.
Principal Magistrate Fatima Taeburi then adjourned the matter to go before another magistrate for the setting of the trial dates and assignment of a magistrate to preside over the voir dire hearing and trial.
Magistrate Emily Zazariko Vagibule Pakoa, having heard from Public Prosecutor Mary- Anne Zurenuoc yesterday, adjourned the matter to August 26.
She said she will check with the other magistrates as to which of them will hear the matter and will set the trial dates.
Magistrate Vagibule then told the prosecutor to let the court know if any issues arise during the course of the adjournment.
It was previously heard that Damusi is contesting his Record of Interview with the police on the ground of unfairness. He claimed the Record of Interview was conducted between 2am and 3am, a time that he should be sleeping.
As a result of that, Damusi claimed he was not given the right to a legal representation because at that time, all lawyers were asleep.
He further claimed he was not cautioned as well.
Damusi was accused of planning to burn down the Mamara Housing Estate Development Building and planning to attack other state-owned properties on 15 May this year.
The prosecution alleged he conducted meetings with former militants to discuss the grievances of the former militants – their displeasure with former governments and the ruling government for prolonging the addressing of their rehabilitation claims.
During the meetings, it was alleged that the group discussed several action plans to destroy and damage by fire critical infrastructures owned by the state.
However, their plans did not eventuate and shortly later, police arrested, charged, and remanded Damusi following the allegations.
Public Solicitor Delilah Kukura is representing Damusi.
By ASSUMPTA BUCHANAN
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CJ reserves ruling on application to strike out petition against MP Agovaka
CHIEF Justice Sir Albert Palmer has reserved his judgement on the application made to strike out the election petition case filed against the Member of Parliament (MP) for Central Guadalcanal, Peter Shanel Agovaka.
This was after he heard submissions on the application to strike out the petition from Ale McChesney of Rano & Company and Freliz Fakarii from the Attorney General’s Chamber Wednesday morning.
The petitioner had filed three grounds of allegation against MP Agovaka and 12 grounds against the Electoral Commission and its officers.
The Grounds against MP Agovaka pertain to bribery and forgery and tampering of ballot boxes whilst the grounds against the Electoral Commission and its officers relates to breaches of their duties under the Electoral Act.
Mr Ale represents MP Agovaka, whilst Ms Fakarii is representing the Electoral Commission and its officers.
Evan Olofia of L & L Lawyers, who represents the petitioner Jeromy Manengelea Rex, after hearing submissions from the Mr Ale and Ms Fakarii said he relies on his written submission.
Mr Olofia said this is not a criminal trial for the petitioner to put beyond reasonable doubts as to whether or not the persons stated in ground of allegations are agents.
The application to strike out the petition was filed after Agovaka’s lawyer filed requests for further particulars from the petitioner, but the petitioner’s answers demonstrate that they do not have sufficient grounds.
The application to strike out the petition was filed based on the following grounds:
- The Petition is defective, incomplete and incompetent in that it does not specify the specific provision under Section 126 of the Electoral Act which it alleges that Peter Shanel Agovaka committed;
- The Petition does not disclose sufficient grounds for trial; and
- The Petition is frivolous and vexatious.
Mr Ale argued that the petitioner’s allegation against MP Agovaka is insufficient to establish the agency of the alleged agents and the intention to influence.
Ms Fakarii submitted that the petitioner’s allegations against the Electoral Commission for breaches of the Electoral Act are simply administrative errors that are ‘incapable’ of affecting the results of the election.
Sir Albert will inform the counsels through his associate of a date when he will deliver the judgement.
By ASSUMPTA BUCHANAN
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Juvenile gets bond sentence for burglary
A JUVENILE who confessed to a burglary offence has been given a bound over sentence which he will serve outside of prison under the watchful eyes of his father.
The 17-year-old male (CN) was sentenced under the Juvenile Offenders Act after he pleaded guilty to one count of Burglary.
Chief Magistrate Emma Garo committed the defendant to his father’s care and then imposed a bound over sentence that he be of good behavior for a 12-month period in the sum of $1000.
If the juvenile breached the bond, he will pay the $1,000 and also face a new offence.
On 25 February 2023 at around 5am to 6am, the juvenile went to the complainant’s house at Lengakiki in West Honiara.
He turned the door knob of the house and entered.
At that time, the juvenile was only 16 years of age.
During that time, the complainant was sleeping in the sitting room and was awoken by the deep inhalation of the juvenile.
The complainant opened her eyes and saw the juvenile standing close to her and she screamed in fear.
The juvenile defendant took the complainant’s mobile phone and a school bag and escaped.
The next day, the he sold the mobile phone to a person who resided at Titinge.
However, the police managed to retrieve the mobile phone and gave it back to the owner and the juvenile refunded $800 he sold the phone for.
Delilah Kukura of Public Solicitor’s Office represented the juvenile, whilst Public Prosecutor Irene Mae is prosecuted.
By ASSUMPTA BUCHANAN
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Lawyer to make ‘No Case to Answer’ submission
THE lawyer of a man on trial for assaulting his cousin sister’s husband to death will be making a No-Case to Answer submissions in court on September 22.
Peter Junior Perobo, 22, is on trial for one count of murder before Judge Rex Faukona.
The prosecution called six witnesses at the trial.
At the close of the prosecution case, the defence counsel Ron Dicky Pulekera of Public Solicitor’s Office informed the court that he will make a No Case to Answer.
This was after hearing evidences from the prosecution witnesses, to which, he argued his client does not have a case to answer to the murder charge.
Perobo allegedly assaulted the deceased after an argument on 17 February this year at Tanasali Village.
Both the defendant and the deceased were drinking Kwaso (illegal home-brewed liquor) at that time.
It was alleged that Perobo punched and kicked the deceased and these resulted in his death.
Public Solicitor’s lawyer Bobby Harunari is assisting Mr Pulekera, whilst representing the Crown is Public Prosecutor Olivia Ratu Manu.
By ASSUMPTA BUCHANAN
