FORMER Member of Parliament for Temotu VATUD Constituency and former Premier of Temotu Province, Clay Forau Soalaoi is now a free man after he was acquitted of the conversion charges against him.
Principal Magistrate Fatima Taeburi on Friday 13th September found Soalaoi not guilty of all the 14 counts of conversion against him and acquitted him accordingly.
“For the reason discussed, I find that the Crown has failed to prove all charges against the accused,” Magistrate Taeburi said.
“I find him not guilty and I acquit him accordingly.”
The Crown’s case is that from 2012 to 2013, the Solomon Islands Government through the Ministry of Agriculture and Livestock (MAL) allocated funds for the purpose of supporting farmers in the Temotu VATUD Constituency for the development and enhancement of the Cocoa and Coconut Industry.
It was alleged that an amount of SBD 350, 890 was deposited into the Temotu VATUD Constituency ANZ bank account for this purpose.
The Crown alleged that from 2012 to 2014, Soalaoi had on 14 occasions, fraudulently converted monies to his own use or benefit or to the use or benefit of anyone else.
At that time, Soalaoi was the MP for Temotu VATUD Constituency.
For the defence case, Soalaoi gave evidence during the trial and the defence argument was that Soalaoi did not fraudulently convert monies to his own use or benefit or to the use or benefit of anyone else.
Soalaoi had told court that the monies entrusted to him in respect of the Ministry of Agriculture and Livestock projects were in fact expended for its intended purpose.
He said the receipts to prove that the funds were expended for its intended purpose was obtained and should have been kept by the Constituency Development Officer (CDO).
The prosecution had called nine witnesses and whilst giving evidence, Soalaoi also called one witness.
Magistrate Taeburi, in her judgement, said there is no evidence to suggest that the amounts of money alleged in these charges were withdrawn from the constituency account.
She added that there is also no evidence to suggest that the amounts were withdrawn on the dates alleged.
“There were no cheques presented in court to show that the amounts alleged in the charges were withdrawn on the particular dates.
“There is also no transaction as shown in the bank statement to say that the amounts alleged in the charges were withdrawn from the account on the dates as alleged,” Magistrate Taeburi added.
She said from the prosecution’s case, it is clear that these charges were framed based on the evidence of Prosecution Witness seven (PW7), Andrew Pitakoe.
Magistrate Taeburi said Pitakoe is an accountant by profession and works with at the Royal Solomon Islands Police Force (RSIPF) headquarters.
“He was asked to investigate the bank statement of the Temotu VATUD Constituency ANZ bank account.
“He came up with a theory and formulated a method that he used to calculate and to arrive at the amount of money specified in these charges,” she said.
Magistrate Taeburi said the flaw in the theory and method used by Pitakoe was that there was no evidence of facts at all to substantiate that the amount specified in these counts were actually withdrawn on the dates alleged.
She went on to say that in Count 1, the amount alleged is $1131, 89.
“The actual withdrawal on the date alleged in count 1, according to the bank statement is $25,000.
Magistrate Taeburi said in count 4, the amount alleged is $2786, and the actual withdrawal on the date alleged according to the bank statement is $119.000 and the same inconsistency between the money allegedly withdrawn and the money actually withdrawn applied to counts 9, 10, 11 and 14.
“There is also no evidence or facts to support that the amounts alleged in these charges forms part of the amounts of money that were actually withdrawn on the dates stated in the charge.
“There is no evidence to connect the amounts alleged to the actual withdrawals made on the dates in question.
“Ultimately, it comes down to the simple fact that the amounts of money and the dates of offending as alleged by the crown in these counts are based on assumptions and not on real facts or evidences.”
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
