THE director of a logging company, Sunrise Investment Limited had been fined $50,000 to the state on Wednesday for harvesting Tubi trees in Isabel.
Richard Song Sing Ngea from Malaysia was sentenced after pleading guilty to one count of illegal harvesting of restricted species without a license, export, or attempt to export restricted specimen under Schedule 11 without being an approved person and without a valid permit and one count of possession of illegally obtained specimen.
He was charged contrary to the FOREST RESOURCES AND TIMBER UTILISATIONS ACT 4 as amended and ARW schedule I of the Forest Reso and WILDLIFE PROTECTION AND MANAGEMENT ACT, AS AMENDED 11 (1), (2) and (3) ARW section 12 (1) and WILDLIFE PROTECTION AND MANAGEMENT ACT, AS AMENDED 26 (b).
Principal Magistrate Tearo Beneteti gave Ngea until December 23 to pay up his fine.
Failure to pay up the fine will result in 10 months’ imprisonment.
Beneteti having imposed the fine said she leaves the issue of the forfeited tubi logs, in this case, to be dealt with by the responsible Minister who had confiscated those logs.
This year between May 1 and July 20, the company entered the Korona Customary land on San George Island in Isabel Province and fell some trees along with Tubi trees.
It was heard in court that it is estimated that more than 9,000 cubic meters of the round log are fell, extracted, and taken to the log pond, prepared to export.
Ngea who is the shareholder and company’s director was the principal officer for the company at the time of the offending.
Under the Solomon Islands Environmental and Wildlife Protection Management Act Tubi or Xanthostemon melanoxylon (Myrtaceae) is a protected tree species.
Beneteti said during the sentencing hearing it was heard that there was damage to the environment at Korona customary land areas as it was not far from the villages.
She said the map also showed there were signs of streams around the area, and it is close to the mining area as well.
She added that Wilson Rano who is the prosecutor in this matter submitted that Tubi makes this case a peculiar one being that Tubi is a restricted species.
Beneteti said the prosecution also requested for the maximum penalties because the main basis is how the fines had increased, that showed public interest attached to it and the legislator’s intention to curb or stop such offending in the environmental sector.
The maximum penalty for the first count is a $3,000 fine, for the second and third count $5,000 fine.
She added that the defence counsel, however, did not have any issues with the maximum penalties as they want to finish off the case.
Beneteti explained that the maximum penalties as recommended by the law is reserved for the most serious of this type of offending.
However, she said the defence has no issue with the maximum penalty and therefore viewed it as that they waive their right to ask for a lesser penalty.
In mitigation Beneteti took into account, Ngea’s early guilty pleas, he is a first-time offender, and that he is remorseful.
She said she also noted that Tubi is only a restricted species and not prohibited and therefore the case is not that serious comparing those two.
Beneteti also took into account the fact Ngea has dependents overseas and one dependent in the country.
“I noted the defendant has been in the country for some time and is a good investor.”
She said Ngea involved in development activities and this is his first problem with the environmental sector as an investor in the country.
After taking into account Ngea’s personal circumstances, the mitigating factors, aggravating factors, and the fact that the defence has no issue with the maximum penalty, Beneteti imposed a total fine of $5,000.
She imposed $3,000 for the first count, $50,000 each for the second and third count but then ordered the sentences to run concurrently because the charges are interrelated to Tubi tree and happened around the same time.
This means that Ngea will only pay a fine of $50,000 for the three offences in default of 10 months imprisonment.
Beneteti ordered the concurrently as the charges are interrelated to Tubi tree and happened around the same time.
This matter was privately prosecuted by Rano while Donald Marahare of DNS & Partners represents Ngea.
