- Man who assaults girl 10yrs ago sentenced
- Disclosures for duo ready
- Call to protect females against sexual assault
Man who assaults girl 10yrs ago sentenced
A man who confessed to an indecent assault offence he committed 10 years ago has been sentenced last Friday to 12 months imprisonment.
The 27-year-old man referred to as BN because he was a juvenile in 2010 was however released to serve half of his jail term outside of prison.
Principal Magistrate Felix Hollison after imposing the 12 months imprisonment suspended six months taking into consideration a decade of inordinate delay and the provisions of the Juvenile Offenders Act.
“This means that he would need only to serve only six months of that total sentence in custody while the other six months would be served outside the court,” Mr Hollison said.
“Given the fact that he was kept in custody for more than four months since October 2019, the sentence must commence retrospectively since the date of the first remand.
“I am of the view that it is proper that he should be released at the rising of the court,” he said.
Mr Hollison reminded BN that he will serve his six months’ imprisonment outside of the prison and at his home village with his wife and children.
During the six months term, BN must not commit any further offence and to keep the peace within those six months.
The indecent assault happened at a village in Isabel Province on the night of 13 April 2010.
The victim EB was only 13 years old at that time.
That night, EB and another female JF went to Toney’s house to get her clothes.
JF left first while EB stayed on a bit and was supposed to leave the house.
Some moments later a man named Peter closed the door of the house and told EB to go into one of the rooms with BN.
It was then that BN indecently assaulted EB.
During the course of the indecent assault, a man shouted from outside for someone in the house to get him a pencil and paper.
BN told EB to wait for him and he went to get the pencil for the man.
EB, however, left the house at that time.
Police were alerted of the incident, and BN was charged with the indecent assault in 2010.
A warrant of arrest was later issued for BN after he failed to attend a previous court date.
He said both the prosecution and BN are responsible for the 10 years delay in this matter but the police should be blamed for the failure to execute the warrant of arrest for almost three years since its issuance
“In some court circuits in Buala he was never summoned to attend and sometimes he did not attend but the police should be blamed for the failure to execute the warrant of arrest for almost three years since its issuance,” Mr Hollison added.
“The Police in Buala or any other provincial centres that are without resident magistrates should not wait for a court circuit before executing any outstanding warrants of arrests.
“Therefore, the delay shall be considered in favour of the defendant,” he said.
Mr Hollison further added that the maxim, “justice delayed is justice denied” is particularly true for this case.
Andrew Bosa from the Public Solicitor’s Office represented BN while Public Prosecutor Patricia Tabepuda appeared for the Crown.
Disclosures for duo ready
The prosecution are now ready to provide disclosures to the lawyers of the two of the three recaptured prisoners who allegedly escaped from prison last December.
Public Prosecutor Jonathan Auga yesterday confirmed to the court that they already assessed the disclosures and ready to serve them to the defence counsels.
Prosecution on the last occasion had sought time to carefully assess the documents first before handing it over the defence.
This was because of confidential issues regarding those disclosures.
Frank Firimolea, Dilo Faiga and Willie Olo are jointly charged with one count of escaping lawful custody.
So far only Firimolea and Faiga are armed with lawyers from the Public Solicitor’s Office (PSO).
They are Lazarus Waroka and Rodney Manebosa.
Olo is still waiting for a lawyer.
The PSO will be allocating one for him soon.
They are due in court again on March 26.
The trio escaped from the Correctional facility at Rove, Honiara on 15 December 2019.
Soon after their escape police set up a task force called “Operation Hunt-Man” to hunt down these three escapees.
Convicted prisoner Willie Olo was the first to be recaptured in the early hours of January 17 at the LDA area at Betikama, East of Honiara.
Firimolea and Faiga were recaptured on February 15 in a RAV4 vehicle along the Burns Creek main road, East Honiara.
Olo was convicted and sentenced to three years imprisonment on 9 December 2019 for an armed robbery incident on 23 August 2019 in Honiara.
Faiga and Firimolea were remanded for separate armed robbery charges.
Call to protect females against sexual assault
A HONIARA magistrate has issued an appeal about the need to protect our women, young girls and especially those in their teens from sexual violence and assaults.
Principal Magistrate Felix Hollison made the call last Friday when sentencing a 27-year-old man for an indecent assault he committed back in 2010 on a 13-year-old girl in Isabel.
“As usual, the offences of sexual violence and assaults are serious offences and the court will continue to denounce such offences by the issuance of deterrent sentences,” Mr Hollison said.
He added that both men and women of this country must change their perception as to the role of women in our society.
“Women and girls are not sex objects and they should not be forced into performing sexual acts in the event that they must refuse to do so.
“Our females and young girls especially those who are in their teens must be protected by all of us.
“It is everyone’s business because a victim can be someone’s daughter, granddaughter, sister, cousin, and a relative.
“More so, protecting a female should not be contingent only to the fact that she is a close relative of a person,” he further added.
Mr Hollison said in this case, there was a person by the name of Peter who told the victim to go into a room with the defendant on the night of the offending.
He said the court is not advised who is Mr Peter with respect to the victim or what is their relationship, however, he played a role in setting up the victim for the defendant.
He said the court is also not advised as to whether Mr Peter was acting on the advice of the defendant.
“People must be reminded that just because female consent to performing sexual acts, does not mean that is perfectly fine to do that with her.
“Her age must also be considered and a 13-year-old female should not be subject to such evil and selfish acts.
“The victim would, of course, be traumatized. She could also live in fear because of what she had experienced at an early age.
“In the same vein, men and boys must also be respected by females and girls and it would be remise of me not to mention this,” Mr Hollison said.
The accused in this matter BN was only 17 years old when he indecently assaulted a 13-year-old girl in 2010.
Ten years later BN now 27 was sentenced to 12 months imprisonment after pleading guilty to the offence.
He was however released to serve half of his jail term at his home village after Mr Hollison took into consideration the delay in this matter and the provisions of the Juvenile Offenders Act (Cap14).
