SENTENCING submissions on the case of an acquisition officer who falsified documents produced to the Ministry of Lands, Housing & Survey regarding a land acquired for mining on Rennell in Renbel Province in 2015 will be made in court today.
Laury Penrose Palmer was convicted of one count of corrupt practice after a trial in the Honiara Magistrate Court.
In her Judgement, Principal Magistrate, Tearo Beneteti said with all the evidence analysis, all the elements of the offence laid against the defendant have been made out beyond reasonable doubt and she must therefore convict the defendant accordingly.
“In this case, the contested issues – as all other elements have been agreed to and not disputed, I am satisfied that the defendant did not post public notices at the following locations: Lavangu, Teabamangau, Niupani, Tigoa station and Kagua,” Magistrate Beneteti said.
She added that the witnesses who gave evidence from these different locations, including the exhibits for the trial, have satisfied her beyond reasonable doubt that the defendant did not post any public notices as required by the provisions in the Lands and Titles Act.
“This is a mandatory work for him at the relevant time.
“All the evidence provided in court have proven beyond doubt that they were never posted to inform the people from those relevant areas about his decisions.
“The video has also supported prosecution’s theory and case.”
She further added that it shows how hostile the situation was at that time as stated by prosecution witnesses.
Magistrate Beneteti defendant’s claim to have a witness signing off land title documents, has settled this matter accordingly.
“I must therefore rule accordingly and convict the defendant as proven by all the evidence before me.”
Palmer, who is an acquisition officer (Agent of COL), was appointed as a Land Acquisuition Officer on 26 August 2014 by the Commissioner of Lands to acquire the customary lands of West Rennell for Mining.
Magistrate Beneteti said in Palmer’s record of interview with the Police, Palmer said it was the APID Company lawyer who wrote to the Commissioner of Lands to appoint him as the Land Acquisition Officer for West Rennell.
The purpose of the acquisition is to allow APID to commence their mining operation.
The prosecution’s case was that the failure to post up notices by the defendant is what is alleged to be the corrupt practice in this case.
He failed to do this whilst in his report, he falsely stated to the Commissioner of Lands that he did the posting of the public notices at those relevant places.
The defence, however, argued he posted all public notices required of him at the places he was to post them and further argued that parties should have appealed the decisions by the defendant as per the Lands and Titles Act provisions.
He said the parties instead opened a criminal proceeding, which should not be accepted by the court.
The prosecution called five witnesses to the witness box and tendered witnesses’ statements and exhibits, whilst the defence called three witnesses and tendered exhibits.
Magistrate Beneteti said she found prosecution’s witnesses to be credible and believable.
She said they all spoken of how they did not see any notices as stated by the defence and were all taken by surprise when they leant of the meetings with the defendant.
“They expressed their disappointment over the decision by the defendant and informed him of how they were shocked to have a public meeting they never knew about.
She said video footages provided by a witness clearly showed what the atmosphere was like at the relevant time, with most of the people attending being gravely disappointed by the defendant and the parties that accompanied him.
Magistrate Beneteti further stated that those who were with him were also workers of APID – the very company that applied to the Commissioner of Lands (COL) to acquire the same customary land of the people to do their mining operations.
“They interestingly also fund the defendant’s work for the acquisition at the time which the defendant confirmed in his evidence.
“This also provided for in the prosecution’s evidence verified and uncontested with the cheque payments amounting to $40,000.
“The defendant confirmed this and acknowledged it when he gave sworn evidence for his case as well as his evidence in his record of interview.
“Not only did APID fund and pay for his acquisition work, but they also funded other additional activities like his airfare and accommodation at Rennel at the time,” Magistrate Beneteti said.
She said a former Deputy Registrar General working to register lands and so forth like this particular customary land at the time, also confirmed that payment should be done by Government and not the mining company interested in the land.
Magistrate Beneteti having looked through the acquisition report prepared by the defendant, the defendant had already agreed and found favour towards APID to do the mining work.
“I am uncertain about the validity of his approval over APID stated in such terms if he has the power, mandate and job description to say these as an acquisition officer.
“Reading the relevant provisions of the Lands and Titles Act on compulsory acquisition and also guides his work, those provisions explain simply the steps and work required of him which do not open any way or manner for him to make such assessments.
“For him to state these in the report, appears to me that he favoured APID and more especially, when it is funding his work to acquire the land which is also known to him from the onset.
“The Government should ensure that all procedures required to be done for its work like the Land Acquisition Officers work is funded by the Government to protect the decision that will come about.
“To allow companies interested in customary lands of the people to fund such work of acquiring it from them, compromises the systems and process over such crucial matters.”
By ASSUMPTA BUCHANAN
Newsroom, Honiara
