A MAN on trial for taking part in the Honiara 2021 Riots was found guilty of the offences he was charged with in the Honiara Magistrate Court.
John Maga was tried for one count of Unlawful Assembly and one count of Sedition.
Chief Magistrate Emma Garo, having found Maga guilty, revoked Maga’s bail and ordered that he be remanded in custody.
The sentencing submissions and mitigation on this matter will be made in court on June 10.
The prosecution called four witnesses and tendered by consent five witness statements and a footage each from the Solomon Islands Ports Authority (SPA) and ZFM.
CM Garo, in her judgement, said the defendant travelled to Honiara on MV Pelican Express and arrived in Honiara on 24 November 2021.
She said the defendant after disembarking from MV Pelican Express marched with members of the M4D from the wharf to the Northern Gate of Parliament compound.
“The defendant took part in the procession from the wharf to the Northern gate at the Parliament.”
She said when a senior police officer invited the leaders of the group which just arrived from Auki to go with him to discuss, the defendant went.
CM Garo said a police constable identified the defendant as one of the persons who marched from the wharf to the northern gate of the Parliament compound.
“The identification of the defendant is supported by the CCTV footages tendered by consent.
She further added that the police constable recognized that Maga was one of the leaders from the team that came from Malaita on the MV Pelican Express.
She said the police constable had explained that the police had information that there was a team coming that day from Malaita and so they were already prepared.
CM Garo aid the police constable stated that those who marched from the wharf to the northern gate of the Parliament compound were also the ones who stood closer to the gate and when the group that travelled from Auk arrived, they pushed their way further up to the Parliament gate.
She said during cross-examination, the police constable maintained his evidence that Maga was part of the group.
Maga’s lawyer Delilah Kukura from the Public Solicitor’s Office had argued that Maga came over to Honiara to buy shoe for his son’s graduation.
However, DCM Garo said there was no evidence to support that assertion.
She said Ms Kukura also argued that Maga’s mere presence might not to be seen as someone who had an intention to take part in an unlawful assembly and that is his action did not amount to sedition.
“In the alternative, Ms Kukura argued that the defendant’s mere presence and continued presence around the northern gate at the Parliament – the scene of the crime – even though not accidental itself does not necessarily amount to participation in the crime.”
CM Garo said the main argument pressed on behalf of the defendant was that in order for the Court to find the defendant guilty, there must be some positive act of assistance or involvement in the crime voluntarily by the defendant.
“Ms Kukura argued there was no evidence that the defendant was encouraging, speaking and giving orders, inciting or leading the crowd.
“I accept there is no evidence to show the defendant said any words or directed the crowd or appeared to control the crowd.
“However, from the evidence, the defendant travelled from Auki on the MV Pelican Express on 24 November 2021.
“The defendant marched with the group from the wharf through the Commonwealth Street to the northern gate at Parliament.”
CM Garo said the CCTV footage clearly showed the defendant walking with the group of men from the wharf to the northern gate of the Parliament compound.
She said from the live stream, the ZFM announcer could be heard saying the group that came from Malaita has just arrived.
She also said when a Senior Police Officer invited the leaders of the group that arrived from Auki via MV Pelican Express, the defendant went to attend the meeting.
“This meeting was held at the Anglican Church of Melanesia Office.”
CM Garo said the defence had argued that Maga’s continued presence at the scene, albeit knowingly and intentionally as depicted in the CCTV footage and ZFM video clip, shows nothing more than mere presence by Maga at the scene.
She said the aspect of the defence submissions disregards the facts that the defendant joined the unlawful assembly and procession from the wharf to the northern gate at the Parliament compound on 24 November 2024, CCTV and ZFM footages, when a Senior Police Officer invited leaders from the group who arrived from Auki on MV Pelican Express, the defendant followed and the defendant attended and was present at the meeting between members of M4D, the police and the Anglican Church officials.
“When the actions of the defendant as described in paragraphs 36 and 45, of this judgment, are viewed together with the concerted and collective actions of those in the group as a whole, the only reasonable conclusion to drawn is that the actions of the defendant and his continued presence with the group connects him to the group that came from Auki on 24 November 2021 to protest and demand the Prime Minister to resign or step down with threats of violence, violence broke out after their demand to meet with Prime Minister and that the Prime Minister resigning or stepping down were not met.
“An assembly and procession without a permit accompanied by the threat of violence of use of violence to demand that the Prime Minister step down or resign is sedition,” CM Garo said.
CM Garo therefore said she found that the prosecution had proven each of the elements of the two offences and thus found the defendant guilty of the two charges against him.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
