THE matter of a man believed to be an active supporter of the Malaita for Democracy (M4D) which was accused of inciting the Honiara 2021 Riot has been withdrawn.
This was because police have yet to locate and execute the warrant of arrest issued since February for the defendant John Senita.
Senita is facing one count of Unlawful Assembly.
Public Prosecutor Irene Mae, who appeared on the instruction of her colleague Hellen Naqu, said police were yet to execute the arrest warrant on Senita.
She said Ms Naqu had followed up with the Director of Public Prosecutions (DPP) on this matter and the DPP endorsed the withdrawal.
Ms Mae said the DPP endorsed the withdrawal under section 190 (2) (b) (ii) of the Criminal Procedure Code (CPC) to have Senita discharged for now and to be re-charged when he is rearrested.
Having heard from Ms Mae, Principal Magistrate Tearo Beneteti had Senita discharged under section 190 (2) (b) (ii) of the CPC.
She said the prosecution is at liberty to re-charge the accused when they locate him and execute the warrant of arrest.
The Principal Magistrate added that the defendant is at liberty to seek the court’s direction if the pending case affects his employment or other rights that arise as he encounters them.
Senita’s matter has reached trial stage and a warrant of arrest was issued for him after he failed to turn up in court in February.
On a previous date, the court was informed that police did try to execute the arrest warrant in February when they went to Senita’s village but he was not there.
The Police officers who went to execute the arrest warrant were informed by Senita’s family that Senita had left Auki for Honiara to see his lawyer.
However, Senita’s lawyer told the court that Senita never turned up at the Public Solicitor’s Office to see him.
At that time, the presiding Magistrate had ordered that if no further progress was made with the arrest warrant, then the prosecution was to consider discharging or withdrawing the matter.
She said the charge can be re-reinstated when police execute the arrest warrant.
Senita was accused to have been involved in inciting those involved in the three-day riot in Honiara from 24 November.
The involvement of a large crowd of people resulted in the burning down of business buildings, Bank South Pacific Ranadi Branch, looting of shops and the infliction of damages on the Kukum Police Traffic Center and the Naha Police Station.
The prosecution alleged the protest itself by nature was unlawful as it was intended to demand the Prime Minister to step down.
BY ASSUMPTA BUCHANAN
Solomon Star, Honiara
