Dora’s sentence deferred to next week
SENTENCE of One Link Pacifica’s boss Charles Dora who operated the money investment scheme without a bank’s license has been deferred to Monday next week.
The adjournment was made to allow prosecution to include the amount that was recovered from Dora during the investigation of this matter.
Public Prosecutor Vernon Taupongi told the court that Dora had returned $140,791.20 to police during the course of the investigation.
Principal Magistrate Felix Hollison had asked prosecution to include that in the agreed facts before he delivers the sentence.
He gave time for the prosecution to make the amendment and for prosecution to liaise with Dora’s lawyer before he will deliver the sentence on next week.
Mr Hollison yesterday had also entered conviction against Dora.
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 bank’s license.
He was initially charged with two counts of the charges but one of the counts was previously withdrawn due to a “plea deal” between Dora’s lawyer and the prosecution.
The scheme’s operator registered “One Link Pacifica” at the Company Haus on 4 July 2019.
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.
Dora having registered the money investment scheme then continues on to operate it without obtaining a license to operate a bank from 4 July 2019 until 30 March 2020.
Dora was said to have three bank accounts with Pan Oceanic Bank, ANZ and Bank of South Pacific during the operation of the scheme.
A number of agents (mentors) were recruited by him for people to come along and invest their money through them.
The money he obtained from individual investors on separate occasions ranged from $250 to $95,750.
Between December 2019 and March 2020 customers or investors did not received any form of payment as promised by the accused.
The total amount of money relieved by the business from the period it started to the time it ends totaled to about $56,440, 475.
Police arrested Dora on June 1 this year at his residence in Russell Islands, Central Province.
Deputy Public Solicitor Martha Manaka represents Dora.
Firearm trial starts next week
TRIAL on the matter of a man accused of possessing firearm in his vehicle in Honiara last June will commence, Monday next week.
Alfred Maefalea who faces one count of possessing firearm appeared yesterday in the Honiara Magistrate’s Court for his final interim mention.
The trial will run for one week before Principal Magistrate Felix Hollison.
A voir dire hearing was held earlier in this matter on which the accused is questioning police’s action on whether the search conducted on his car was legal or not.
At the end of the hearing, the court ruled that the police search was legal.
Police arrested Maefalea after they found a firearm in the back boot of his car on the early hours on 6 June last year.
The accused was sleeping inside his car parked on the footpath beside the road at Guzo point when police approached his car.
Police were on a routine patrol when they sighted the accused’s car.
Police alleged the car seems suspicious so they stopped and checked on the car.
They discovered the driver’s door was opened and the accused who was believed to be drunk was allegedly asleep on the driver’s seat.
They also discovered a modified .22 firearm wrapped in a bag in the boot of the accused’s vehicle.
The accused was then arrested and escorted to the Central Police Station.
Daniel Kwalai of Public Solicitor’s Office represents Maefalea while Public Prosecutor Samuel Tovosia is appearing for the Crown.
Man sentenced for curfew, released
THE man who was found guilty after a trial for breaching last April’s curfew at the Kukum Hot Bread Roundabout, Honiara has been released from custody.
This was after Deputy Chief Magistrate Ricky Iomea suspended part of his sentence.
Faramus Molea, 41, who was convicted for one count of restriction of movement in Honiara had been sentenced to two months in prison.
One month of that sentence was further ordered to be suspended on good behaviour for 12 months.
Therefore, having backdated the sentence to when Molea was first remanded in custody, Mr Iomea was of the view that Molea had now served substantial part of the one month he was supposed to serve in prison.
Mr Iomea then order that Molea be released at the rising of the court yesterday.
In his sentencing remarks, Mr Iomea reminded Molea and others who may care not in similar situations that orders made by the Government even for the purpose of a practice run are for the good of everyone and the nation.
He said this was because the orders are part of the government’s preparation for combating the deadly Covid-19.
“Our duty is to support this kind of effort by obeying whatever directions or orders put in place by the Government,” Mr Iomea said.
He added that what aggravates Molea’s case which he said he can safely assume is that Molea knew the lockdown was on and decided to walk along the Kukum Highway at the Kukum Hot Bread Kitchen area when he had no lawful excuse and not exempted to be there at that time.
“It shows that you do not have regard for the orders made by the Authority.
“This action has to be deterred with the imposition of an appropriate sentence.”
On 11 April 2020, Molea was seen by the Police officers performing duty at Kukum Hot Bread Kitchen Roundabout at about 9.20pm.
His place of residence at that time was at Lau Valley.
At that time the Prime Minister had ordered a curfew to be enforced within the Emergency Zone from Poha River, West of Honiara to Alligator Creek in East of Honiara.
The curfew started at 8pm on Friday 10 April 2020 to 5am on Saturday and on 8pm on Saturday through to 5am on Sunday.
