Dora’s sentencing sub, mitigation deferred
SENTENCING submissions and mitigation on the matter of the owner “One Link Pacifica” Charles Dora has been deferred to September 16.
Dora had pleaded guilty to one count of operating unlicensed banking business, a charge laid under the Financial Institution Act (FIA).
This was for registering and operating the money investment scheme without a license.
Dora was initially charged with two counts of the charges but one of the counts was previously withdrawn due to a “plea deal” between Dora’s lawyer and the prosecution.
His matter was listed yesterday for the sentencing submissions and mitigation.
However, it was heard in court that Dora’s lawyer is yet to get back to the prosecution after she received the agreed facts this week from the prosecution.
The defence is seeking time for the sentencing submissions and mitigation.
Principal Magistrate Felix Hollison therefore adjourned the matter to September 16.
He also ordered the defence counsel to peruse the agreed facts and confirm if they agreed with the facts sent to them by the prosecution.
Dora registered “One Link Pacifica” at the Company Haus on 4 July 2019.
He then continues on to run the investment scheme without obtaining a license to operate a bank.
A number of agents (mentors) were recruited by him for people to come along and invest their money through them.
The essence of the scheme is that investors give money towards the company on promise there will be higher return after 30 days of investment.
The investors gave money through manual and online streams.
Police arrested Dora on June 1 this year at his residence in Russell Islands, Central Province.
Deputy Public Solicitor Martha Manaka represents Dora while Public Prosecutor Vernon Taupongi is prosecuting.
Order to amend arson charges for duo
PROSECUTION has been ordered to make amendments on the charges against two men facing several arson charges before September 21.
Principal Magistrate Fatima Taeburi made the orders when she delivered her ruling this week in relation to the issue regarding the charges against Alex Lesapa,19, and Joseph Alex, 46.
Lesapa and Alex are facing seven counts of arson in relation to the burning down of several houses and kitchens in north Guadalcanal in April.
They were both charged together on a single charge sheet, on which, prosecution put the two defendants together in the details section of the charge and had also named both defendants together in the particulars of the offence.
Principal Magistrate Fatima Taeburi, however, had stated that in her view that the particulars of the offences as proposed are not specific to one of the defendants.
She then directed the Director of Public Prosecutions (ODPP) to file two separate charge sheets for the two defendants.
However, Ms Taeburi said the DPP had refused to comply with the court’s order and urged the court to accept the charges as it is.
In her ruling she said she had repeated the same directions on several occasions and eventually the prosecution made the application.
The Prosecution had argued that if the charges against the defendants are put on separate charge sheets, it means that the crown will have to conduct two separate trials against each defendants which will be costly for the State.
Ms Taeburi said the prosecution has repeatedly misunderstood her directions.
“As I have said earlier in this ruling, even if the charge sheets are separate, sections 21 and 22 of the Penal Code as stated in the statement of offence clearly shows that each defendant is jointly charged with his co-offender.
“Moreover, the particulars of the offence in their respective charges also show that they are jointly charged.”
She added that she maintained the position that the charge sheets in respect of these defendants should be separated.
“Furthermore, the charge sheet for each defendant should be specific to that particular accused in terms of his details and particulars of the offence alleged against him.
“This will ensure that the charges are put clearly to a particular defendant when he is called to take his plea.”
Ms Taeburi further explained that this will also ensure that the records of the court are clear in respect of all the defendants.
“Proper record taking and record keeping at the Magistrate’s Court is a legal duty imposed by section 10 of the Magistrate’s Court Act.”
The two accused will appear in court again on September 21 for plea.
They are facing charges in relation to an allegation at Teubala village on 5 April this year.
Prosecution alleged that the two accused intentionally burnt down dwelling houses and kitchen houses of several complainants at Teubala.
It was alleged that the initial incident involve a group of people from Teubala who allegedly went to Ghavagha Village to ask compensation.
The compensation sought was in relation to an assault incident that happened at Teubala on 3 April this year.
It was alleged that while they were still negotiation the compensation, the group from Ghavagha, armed with knives, spears and stones attacked the group from Teubala.
They continue to attack and chase them towards Teubala.
At Teubala, the alleged attackers including the two accused allegedly burnt down several houses and kitchens houses.
Tauohu’s lawyer to confirm appeal
ONE Link Pacifica’s manager, Gerrad Tauohu who is accused of stealing more than $400, 000 from the scheme’s customers is intending to appeal the magistrate’s ruling that found he has a case to answer to.
Tauohu’s lawyer Ronald Dive revealed this yesterday afternoon when this matter was mentioned before the Honiara Magistrate’s Court.
The matter was then adjourned to Wednesday next week for the defence to confirm their position in terms of the appeal.
Tauohu’s lawyer had made a “No Case to Answer” at the close of the Prosecution case on the basis that the evidence adduced by the Crown is not sufficient to require Tauohu to make his defence.
Deputy Chief Magistrate Ricky Iomea, however, ruled that there is evidence that the money deposited by mentors ended up in Tauohu’s position.
He had stated in his ruling that Tauohu was the one responsible for giving out money by way of payouts to mentors whom he had decided should receive payouts after receiving the list of matured investors from the Filing Department of One Link Manual Stream.
He also said the five mentors who are the complainants in this matter were not included in the payouts and had not received any payments.
Furthermore Mr Iomea said there is evidence Tauohu bought cars from japan through a car dealer, bought a house for $120,000 and took a boat which was hired for $15,000 to travel to South Malaita.
He said there is also evidence that after Tauohu had gone with his family to his home in Malaita police recovered huge amount of money from his wife.
The $170,000 was kept in a small sized breakfast biscuit container or box.
Mr Iomea said there is also evidence Tauohu was not authorized to purchase properties with the money invested by One Link investors.
Tauohu is being tried for five counts of simple larceny.
Prosecution alleged he stole more than more than $400,000 of the scheme’s customers between December 2019 and February 2020.
He was charged after five of the scheme’s mentors filed their complaints to the police.
One Link customers were allegedly advised through the mentors to invest in the scheme.
They were allegedly promised that if they invest in the scheme they will be paid triple the amount they pay in a month’s time.
Tauohu, however, after allegedly collecting the money failed to repay One Link’s customers their money with its interest.
He then allegedly escaped to Malaita in March but was arrested a month later following the complaints from the five mentors.
Police recovered more than $300,000 Tauohu when he was arrested last April in Malaita.
The recovered money that was kept the Police’s exhibit facility at the Rove Police Headquarters went missing last October.
A Police officer looking after that exhibit facility has been suspended after the money went missing.
His matter is still with the Police’s Professional Standards Internal Investigation (PSII).
