1 yr 6 months jail for land fraudster
A FORMER lands surveyor has been jailed to one year and six months in jail for fraudulently transferring a land in Aola, East Guadalcanal to his name in 2018.
Francis Kennedy, 30, was sentenced yesterday after he pleaded guilty to two counts of forgery of certain documents with intend to defraud.
Principal Magistrate Fatima Taeburi in her sentencing remarks said she found Kennedy used his position in the Ministry of Lands to commit these offences.
“It is my view, that had he not been in the Lands Department, he would not have direct access to land documents that he was able to obtain and forge the signatures of the complainant and the other two registered land owners who are now deceased,” Ms Taeburi said.
“I therefore find that he has abused his position and his office in the Ministry of Lands,” she added.
Ms Taeburi said she also considered that the people of Solomon Islands have placed their trust and confidence in the Ministry of Lands and the public offices who hold positions within the Ministry to deal with the administration of land in this country in a manner that is free from all kinds of corrupt practices.
“The reputation of the Lands Office is affected by Mr Kennedy’s actions and the confidence that the public has placed in the Department is also affected.”
Kennedy was employed in the Public Service of the Solomon Islands Government as a Land Surveyor with the Ministry of Lands Housing and Survey in Honiara at the time of the offences.
The court heard that on 9 January 2018, Kennedy forged a document of for the transfer of a Perpetual Estate that was in the names of the Complainant and two others who are the original land owners and trustees.
He also signed another document which is the Transferor’s consent letter supposedly from the registered owners without the consent of the registered land owners.
It was heard that on 6 February 2018, Kennedy submitted the forged documents at the Ministry of Lands, in support of the false application to transfer the said land from the registered land owners to himself.
On the same day, his application was successful and the land was registered on the land register in his name.
It was on 25 October 2018 that the complainant who is the only surviving trustee lodged a caveat in respect of the said land.
The complainant at that time had no knowledge of the transfer of ownership rights over the land to the Kennedy.
The matter was reported to Police on 21 September 2020 and Kennedy was on 15 March 2021.
The court also heard that Kennedy transferred the Perpetual Estate back to the Complainant on 28 July 2021 after he pleaded guilty to two of the charges.
In mitigation, Kennedy’s lawyer had argued that Kennedy’s actions were no deliberate and that his intention to transfer the land by fraud was borne out of his frustrations with the registered trustees.
Public Solicitor’s lawyer Steven Weago said his client claims that he is from the same land owning tribe and according to him the trustees are not fair in their distribution of the benefits of the lands.
Ms Taeburi, however, did not accept his arguments.
She said it does not justify Kennedy’s acts of forgery.
“Instead of raising his grievances and complaints through lawful means, he registered the whole land to himself by fraud.
“Clearly from his actions, he was not concerned about the rights of the other members of the land owning tribe, he was concerned about himself.
“He was being selfish and greedy,” Ms Taeburi further added.
In mitigation, Ms Taeburi took into account Kennedy’s personal circumstances, his guilty plea and the fact that he is a first offender but does not consider the timing of the transfer of title back to its original owners as genuine.
“He only initiated the transfer of the land when he was about to be sentenced by the court.
“However, putting aside the issue of the timing of the transfer, I do take into account in his favour that he did reinstate the land back to its original owner and its original state.”
Ms Taeburi also took into Kennedy’s favour the issue of delay in the matter, saying it was not caused by Kennedy.
She also considered that Kennedy has been suspended by the Public Service after the offences he committed were revealed and that is considered as a form of punishment for what he has done.
She therefore imposed a sentence of one and a half year imprisonment each of the two counts.
Both sentences were ordered to run concurrently.
Magistrate on corruption tolerance here
PRINCIPAL Magistrate Fatima Taeburi has yesterday stresses that there is zero tolerance for corruption in our society.
She made this bench remarks when sentencing a former lands surveyor in the Department of Lands who used his position to commit serious acts of forgery thereby corrupting the government system and processes in the registration of a perpetual estate by fraud.
“The courts always consider offences of dishonesty by government officers and other employees in the private sector to be very serious,” Ms Taeburi said.
She added that the majority of honest public officers at the Ministry of Lands, who are able to discharge their duties diligently and honestly must see that those who succumb to the temptation and corrupt systems and procedures of the government are punished.
“In this way, we hope that the aim of general and specific deterrence is achieved.”
The former lands surveyor has been sentenced to one and a half year in jail for the offences he committed when he was employed as a Land Surveyor with the Ministry of Lands, Housing and Survey in Honiara in 2018.
Shop Assistant pleads guilty, remanded
A SHOP Assistant has been remanded in custody yesterday awaiting his sentence after he pleaded guilty to stealing more than $8,500 proceeds from the Mobile Top-Up at the shop in Honiara.
Nelson Mofin had entered a not guilty plea to one count of larceny by servant before Principal Magistrate Leonard Chite.
Having heard the sentencing submissions and mitigation on his matter, Mr Chite adjourned the matter to September 21 for sentence.
The court had earlier heard that Mofin he stole $8,538 which are proceeds from the shop’s Mobile Top-Up Agent on June 5 this year.
He was working as shop assistant at the Pioneer Trading Company Limited shop at Point Cruz, at the time of the offence.
One of the shop assistant assigned to work with the accused discovered that Mobile Top-Up Agent monies were missing from the Mobile Top-Up tray and advised their CCTV footage operator to replay the shop’s camera.
After viewing the CCTV footages, they identified Mofin as the person who took the Mobile Top-Up monies.
The CCTV also showed him walking out with the money while other shop assistants were busy serving customers.
