Simon Stanley Fudi, 20, is facing one count of unlawful assembly and one count of riot.
He is jointly charged with Thompson Fia, 32 and Marlon Mouara, 19, who are currently under warrant of arrests.
Magistrate Ishmael Kekou having gone through the charge sheet told the prosecution he does not like the way the charge is being laid.
He said this is the kind of charge that will have this matter acquitted, given that all accused were being named in one charge sheet.
“It is proper to make different charge sheets for each accused person,” Kekou said.
He told the prosecution that the charge should only bear Fudi’s name and not his co-accused.
More time was then sought by police prosecutor Moffat Tei to sort out the charges.
Kekou granted the application but added that it would be unfair for the two accused who were not present in court if Fudi implicated them in this charge.
He said they are different and have the right to make their own defence.
“This charge needs to be sorted out,” Kekou said.
Fudi and his co-accused were charged in relation to the allegation on 24 April, this year at Chung Wah School area, Chinatown in Honiara.
The trio were alleged to be among a group of people who were throwing stones at a container beside the road close to the Chung Wah School area.
This was after the election of the prime minister on April 24, when a small group of people in Honiara took to the streets to cause violence.
During the riot, shops were looted including the Pacific Casino Hotel, vehicles were damaged and road blocks were mounted.
A number of Police Officers, Correctional Service officers and Civilians were injured during the various clashes in Honiara at that time.
Meanwhile, most of the riot matters were already transferred from the Police Prosecutions to the Office of the Director of Public Prosecutions.
The ODPP will be looking through the files and then informed the court as to the next step into those matters.
So far, most of the riot matters as previously mentioned in court lack evidence.
By ASSUMPTA BUCHANAN