Order for 2021 riot partaker for medical attention
CHIEF Magistrate Emma Garo has ordered that the copy of the sentence she imposed on the man found guilty of taking part in the November 2021 riots in Honiara be delivered to the Commissioner of the Correctional Services of Solomon Islands (CSSI).
This decisive action is to ensure the prisoner John Maga, who is ill, receives the required medical attention, treatment and dietary requirements.
CM Garo sentenced Maga to eight months in prison for the charges Sedition and Unlawful Assembly.
She then ordered that the sentence be backdated to the time he spent in custody.
CM Garo imposed the sentence after she rejected the submissions made by the prisoner’s lawyer to impose a short and sharp sentence and the defendant should be ordered to be released at the rising of the court.
Maga’s lawyer Delilah Kukura, from the Public Solicitor’s Office, had argued that given the level of her client’s participation, his health, the powerful mitigating factors pressed on behalf of his client, his health and delay in bringing this mater to finality, her client should be given a short and sharp sentence and should be released at the rising of the court.
In light of Maga’s health, Ms Kukura submitted that Maga has health issues and that his medical card shows he is a diabetic patient and that he has hypertension.
The defence counsel submitted a report from Handsford Afia Inspector Medical to CSSI.
The report outlined the defendant’s illness and medication and Mr Afia’s observation about the environment at the correctional facility, which he described as unconducive and can impact on the prisoner’s mental and physical health.
CM Garo, during the sentencing, said the report by the medical officer highlights serious issues affecting the management of sick prisoners at the Rove Correctional Services.
She said she took into account the fact that the prisoner has some health issues.
However, CM Garo added that the issue the court must address is whether the court should not impose an immediate custodial sentence on the prisoner?
After citing the case of Regina v Matamu, CM Garo said the distinguishing features between that case and the case before her is that Inspector Handsford Afia had stated that the prison facility at the Rove Correctional Services was unconducive and could have an impact on both his mental and physical wellbeing.
“Inspector Afia elaborated further by explaining that the Rove Correctional Facility is not consistent in supplying a healthy diet and that medication sometimes run out of stock at the CSSI clinic as well as the National Medical Store. This is coupled with the inability to purchase medication from the private pharmacies because of unavailability of funds.
“This is a sorry state of affairs at the Correctional Services of Solomon Islands at Rove,
“Nevertheless, the report by Inspector Afia failed to make a clear diagnosis regarding the health issues the prisoner suffers from.
“Inspector Afia failed to state whether the prisoner was taken to the National Referral Hospital for further assessment, diagnosis and treatment.
“Inspector Afia in his report failed to state what steps the CSSI took to rectify the situation facing sick prisoners at Rove Correctional Services,” CM Garo added.
She then cited the case of Regina v Kong Ming Khoo, where the defendant Khoo produced evidence of his medical condition to support his bail application but Chief Justice Sir Gordon Ward refused him bail.
CM Garo said from observations made by Sir Gordon and Deputy Chief Justice Rex Faukona on the case of Regina vs Matamu, it is clear that the responsibility to ensure that health issues affecting convicted prisoners are effectively addressed lie with the prison authorities.
“I accept the prisoner is sick.
“However, guided by the case authorities cited in this judgement on sentence, I am bound by precedence to conclude that the issues raised by Inspector Afia are administrative matters for Correctional Services of Solomon Islands to address.
Public Prosecutor Letiara Pellie for the Crown had argued that Maga’s arrival from Auki and participation in the unlawful march from the wharf to the northern gate at the Parliament precinct involved pre-planning.
She said also argued that the threat to public safety and threat of violence used to demand the Prime Minister to step down was serious as well as the rioting, looting and burning of buildings that followed because of the civil unrest.
Ms Pellie further submitted that the Central Bank of Solomon Islands (CBSI) conducted an initial impact statement the damage to the economy caused by the riots in Honiara on 24 November 2021.
The findings have revealed that the economic loss was estimated to be around $227 million at the minimum.
Ms Pellie had also argued that in this case, the defendant was part of a group of people that marched to the northern gate of Parliament to raise their discontent or dissatisfaction about the Prime Minster.
She submitted that although the defendant did not say any word or appear to control the crowd, his form of participation in the unlawful assembly should not be seen in isolation.
CM Garo said the Solomon Islands National Parliament sitting on 24 November 2021 was disrupted by an unlawful assembly, which turned violent and was followed by rioting, looting and burning of properties.
She said many business houses suffered huge loss and many people lost their homes and business.
“Considering the circumstances of the offences in this case, I find that the aggravating features in this case calls for the imposition of an immediate custodial sentence, for specific and general deterrence.
She then imposed a final sentence of eight months each for the two charges and ordered that they run concurrently which means Maga will serve a total of 8 months backdated to time spent in custody.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
Alleged cop attackers deny murder charge
TWO men accused of the murder of a police officer in May at one of the pubs at Kukum in Honiara have denied the allegation.
Paul Daoburi, 35, and James Solomon Kai, 21, have pleaded not guilty to the murder of the Royal Solomon Islands Police Force (RSIPF)’s Police Response Team (PRT) officer.
After noting the accused’s not guilty pleas, Magistrate Emily Zazariko Vagibule Pakoa adjourned the matter to September 2 for a committal hearing.
In the meantime, the prosecution is to prepare the committal papers.
Daniel Kwalai, who represents Daoburi, had already elected a Long Form Preliminary, whilst private lawyer Hubert Fugui is yet to elect the type of committal hearing.
Police charged the two defendants for the allegation that occurred inside the Dragons pub at Kukum and outside the pub on 17 May.
The crime occurred when the deceased, his colleague and colleague’s wife was inside the Dragons pub at around 12 midnight on 16 May.
They were sitting at a table and sitting next to them were two male customers who were strangers to them.
The deceased’s colleague and his wife got up from their seat and had a dance and when they returned to their seat, one of the two strangers pulled the chair that the officer’s wife was about to sit on.
At that time, the police officer’s wife said excuse to the person and told him that it was her chair.
At that same time, the stranger whipped struck her head with a bottle and it bled, causing her to fall in a state of unconsciousness.
The deceased then turned to the male person and argued with him.
The prosecution alleged that friends of the male person then tried to attack the deceased and this prompted a security guard to approach them with the intention of dispersing them.
The deceased then pulled out an Oleoresin Capsicum Spray (OC) Spray and discharged it on them and everyone else in the pub was affected by the spray.
Everyone inside the pub were said to have rushed outside to look for water to wash their faces.
It was at that time, that the defendant Daoburi, who is security guard for the Dragon pub and Kukum pub, allegedly pulled the deceased outside the pub.
Daoburi was off-duty at that time and was under the influence of liquor.
The prosecution further alleged that when he pulled the defendant to the front entrance of the pub, all the people who were affected by the OC spray started to attack the deceased.
Daoburi allegedly got hold of a snooker cue stick and struck the deceased several times with it.
The stick landed on the deceased’s head, causing it to bleed.
The second defendant Kai allegedly held a bottle in his right hand and threw it at the deceased, landing at the back of his head.
The deceased fell and more than 10 people who stood around the deceased continued kicking and stepping on him as he laid on the ground.
They allegedly attacked him until he was unconscious.
A police officer who was also at the scene approached the deceased when all assailants moved away from him.
He and others rushed the deceased National Referral Hospital where he was confirmed dead.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
