Nehemiah’s ‘false pretence’ trial to start Feb 2022
TRIAL on the case of a man accused of obtaining a laptop and mobile phones worth more than $11,000 in 2019 from a phone shop in Honiara will proceed early next year.
Martin Pola Nehemiah, 40, is facing trial for three counts of obtaining credits by false pretence.
His matter appeared in the Honiara Magistrate’s Court for an interim mention where both the prosecution and the defence said they have no issues to raise at this stage.
Trial for this matter was fixed from 14 to 18 February 2021.
The first trial set down for September this year was vacated.
This was because Nehemiah’s lawyer at that time was not ready for the trial and had also withdrawn his legal representation.
Nehemiah is now armed with another lawyer from the Public Solicitor’s Office (PSO).
He is charged in relation to an allegation where he stole four mobile phones and a laptop from Smart Technology shop in China Town.
It was alleged he went to the shop and after introducing himself to the shop’s Managing Director as the president of the Christian Education Schools of Solomon Islands (ACESSI), he made an agreement with him.
The agreement was for Nehemiah to collect items from the shop and those items will be paid by the ACESSI when the school grants are available.
Nehemiah then allegedly on three occasions between 28 February 2019 and 28 March 2019 went to the shop and allegedly collected a total of four mobile phones and a net book laptop.
The mobile phones each cost $2,250 and the laptop costs $2,850.
Few months later, it was alleged that the complainant tried to make several attempts to contact Nehemiah through mobile phone but Nehemiah would reply with negative feedback.
The Complainant even gave Nehemiah a grace period of 12 months in 2020 for him to make the payments for the items but that was not done.
Nehemiah was arrested after the Complainant lodged a complaint to the police.
Rodney Manebosa of PSO represents the accused while Police Prosecutor Watson Akwai appears for the Crown.
Def case for man accused of faking death, Dec
THE man who allegedly faked his own death and obtained $76,000 from a pharmacist in Honiara in 2019 will make his defence early next month.
The defence case was fixed yesterday for December 2.
Peter Fakaia’s lawyer had asked for that date for the defence case because he will be travelling to Malaita to attend a funeral next week.
Public Prosecutor Jonathan Auga did not objected to the date.
He, however, raised his concern about the continuous adjournment of this matter for the defence case, adding that this should be the last adjournment.
Having heard from both counsels, Principal Magistrate Felix Hollison set down December 2 at 10am for the continuation of the trial.
Peter Fakaia is on trial for three counts of false pretence and one count of attempt to commit false pretence.
Prosecution had called four witnesses for their case.
At the end of the prosecution case, Private Lawyer Ben Etomea made a no case to answer submission for his client.
Mr Hollison, however, found that Fakaia does have cases to answer to all the charges against him that requires him to make his defence.
Fakaia was accused of obtaining $76,000 from a pharmacist as compensation after he faked his own death between 21 and 26 September 2019.
Prosecution alleged that Fakaia sought medication at the People’s Pharmacy located at Kwaimani Building, Kukum in East Honiara.
Having been allegedly given medication, Fakaia left but then return to the pharmacy the next day complaining of allergies.
He was then given another medication and strongly advised to see a doctor.
On 23 September at about 8am, the complainant received a call through his office phone by a person who allegedly purported himself as the accused’s brother in-law.
The complainant was informed by the accused’s brother-in-law that the accused he diagnosed died at the National Referral Hospital and his body was at the morgue.
The accused’s brother-in-law then allegedly demanded $10,000 compensation for the cause of death.
The complainant in total allegedly gave $76,000 to the so-called relatives of the accused for the accused’s death.
It was on 26 September that the complainant contacted the police after finally realising that he might have been set up by the accused.
The next day, police arrested a person who came to collect the last portion of money requested for the accused’s death.
Using the accused’s alleged associates; police finally arrested the accused after halting him in his vehicle at the Ranadi Roundabout.
Foreigner’s larceny case delayed, Nov 22
THE pre-trial conference documents on the case of a Chinese national accused of stealing cargoes from his employer’s shop in Honiara is yet to be finalised.
The matter of Peter Liu Huan was listed before the Honiara Magistrate’s Court for pre-trial conference yesterday.
Public Prosecutor Samuel Tovosia, however, told the court that the pre-trial conference is yet to be finalised.
He said he had sent the pre-trial conference to Huan’s lawyer but he is yet to get back to him.
Huan’s lawyer was not present in court yesterday.
When asked by the presiding magistrate as to why his lawyer was not in court, Huan said he does not know.
Principal Magistrate Felix Hollison therefore adjourned the matter to November 22 for the pre-trial conference.
He directed counsels to settle the pre-trial conference documents before the next court date.
Huan is facing one count of larceny by servant.
The Unique Shop Enterprise employed him as a Sales Assistant and later as a Sales Manager.
The accused came into the country in April 2019 and had worked for Unique Shop Enterprise until he was arrested and charged.
The complainant and his employees had done an extensive stock check and found out that a variety of cargoes in various quantities were stolen and missing.
Prosecution alleged that Huan was responsible in stealing the cargoes that went missing.
Prosecutor to confirm position on lockdown case
THE case of a mentally disabled man accused of breaching the lockdown in August will return to court on November 23.
The Prosecution is expected to update the court on that day of their position whether or not they will withdraw the case based on the accused’s medical report.
Public Prosecutor Letiara Pellie told the court yesterday that according to the Psychiatrist’s report accused is unfit to take his plea based on his mental health condition.
She appeared on the instructions of her colleague Hellen Naqu who is in carriage of this matter.
Ms Pellie, however, said if it appears to the defence that the accused is unfit to take his plea then the defence may request an additional report from the Psychiatrist.
She said if the second report shows that the accused’s still unfit to take his plea then they will withdraw the matter.
Public Solicitor’s lawyer Ron Dickey Pulekera said he already made request for an additional report and the report also confirmed the accused is unfit to take his plea.
He also told the court that he did tried to get instructions from the accused but found it difficult was he was slow to respond.
The matter will be go the Director of Public Prosecutions for her to decide whether or not to withdraw it.
The accused is facing one count of restriction of movement of persons in Honiara.
Police arrested him in front of the Good View shop at Rove on August 30.
This was during the 36 hours lock down exercise enforced by the government from 6pm on Sunday-August 29 to 6am on Tuesday-August 31.
The government issued the 36 hours lockdown to test their preparedness to respond to the imminent threat of the COVID-19 Delta Variant.
The lockdown was enforced within the declared emergency zone from Poha River in the west of Honiara to Alligator Creek in the east of Honiara.
