In Court with Assumpta - Solomon Star News

In Court with Assumpta
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16 July 2020
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  • Jailed for stabbing dad, son
  • Covid-19 rumour trial today
  • Former MP’s fate deferred 
  • Prosecution to respond to proposal

Jailed for stabbing dad, son

THE use of knife against any human being belongs to our ancestors and the head-hunters and should not be applied now in this country.

Principal Magistrate Leonard Chite made this bench remark recently when sentencing a man who stabbed a father and a son during the New Year celebrations in the Lambi area, West Guadalcanal last year.

Joseph Timothy Tave, 25, was sentenced to a total of two and a half years in jail after pleading guilty to charges of grievous harm and unlawful wounding.

Chite in his sentencing remarks said that while he acknowledged that Tave was stepped on by another boy during his sleep and that the victims later assaulted him when he was restrained, what he did was simply unnecessary, utterly wrong and illegal.

“A knife should never be used on or against a human being,” Chite said.

Chite said this type of behaviour belongs to our ancestors and the head-hunters so to speak, we have lived some hundred or more generations after those days.

“Such attitude and behaviour have no place in this country.

“I say this in bold condemnation against it.

“What good is it to see another person severely injured or dead before one’s eye?

“Nothing,” Chite added.

He further added that there is neither accolade nor gain in wounding another person, thus, such attitude and behaviour must be stopped and that the accused need to incorporate proper standards and self-control.

Chite said he noted Tave has issues with his temper and self-control.

“He obviously needs anger management to enable him to refrain from succumbing to violence and fighting.

“There are many peaceful ways to resolve issues or disputes, and violence is never one of them,” Chite said.

It was heard that on 31 December 2019, all people around Lambi area gathered to celebrate New Year 2020 at Jarupehe village.

Tave and some boys were drinking beer at Tarasisio’s house and he eventually fell asleep.

He suddenly cried in his sleep and one of the boys came and stepped on his ear.

Tave woke up and got angry.

He took a bush knife from the kitchen and cut the walling on Tarasisio’s house.

It was also heard that some of the boys tried to control him and fortunately they removed the bush knife from him.

The two victims came and kicked him.

It was then heard that Tave was taken to his brother in-law’s house where he went and took a bush knife and slashed it on a nearby market stall.

The victim, Tarasisio came to stop Tave from damaging the market stall but was cut by Tave instead.

Tarasisio’s son, Tonani came to assist his father and asked Tave why he cut his father.

Tave turned to him and also cut his right hand.

According to the facts, both victims were rushed to the National Referral Hospital and had been assisted by medical practitioners.

Chite said a bush knife is a dangerous and deadly weapon if applied on a human body will likely to cause serious injury or to a certain degree death.

He said in this case, the victims suffered slash wounds on their bodies, for Tarasisio on his stomach and for Tonani, a severed radical nerve which will result in loss of movement on his left arm.

“The human arm plays an integral role in the life and function of a human being, it is an important part of the human body, the victim Tonani will likely to suffer loss of movement of his left arm, this will certainly affect his physical appearance, limit the work he does and other important roles that require the use of his left arm.”

Chite also took into account the accused’s early guilty plea, his past clean record and his cooperation with the police.

He then imposed two years and six months imprisonment for the grievous harm charge and 21 months jail for the unlawful wounding charge.

He further ordered that the sentences run concurrently meaning the accused will serve the two and a six months imprisonment.

The time Tave spent in custody was also taken into account.

The maximum penalty for unlawful wounding is five years imprisonment and for grievous harm a sentence of 14 years imprisonment.

Ben Alasia of Public Solicitor’s Office represented Tave while Public Prosecutor Steward Tonowane appeared for the Crown.

 


Covid-19 rumour trial today


HEARING of evidence on the case of the man accused of posting false news about the Covid-19 on his Facebook page has been further deferred to today.

The continuation of trial on the matter of Peterson Boso, who faces one count of spreading false rumours, was earlier listed on Monday.

Principal Magistrate Tearo Beneteti who presided over the trial was reportedly sick on Monday and so the trial was therefore adjourned to Wednesday.

However, due to the number of mention cases before Beneteti yesterday the trial was further adjourned to today.

The prosecution will be calling three more witnesses before concluding their case.

They had already called two witnesses when the trial started last month.

Boso was accused to have posted on his Facebook page “Soreboko” false breaking news about four confirmed cases of coronavirus in the country on March 12.

The country however does not record any positive case of the deadly disease.

Private Lawyer Ronald Dive represents Boso while Police Prosecutor John Palmer is prosecuting.




Former MP’s fate deferred

 

JUDGEMENT on the case of former central Makira Member of Parliament (MP) accused of misusing more than $200,000 intended for his constituents in 2012 and 2013, was not yet handed down.

This was because Hypolite Taremae was not available in court yesterday.

It was heard that Taremae is currently in his home province.

Principal Magistrate Fatima Taeburi therefore directed prosecution to summon Taremae to appear in court on August 4.

That is when the court will deliver the judgement.

Taremae had stood trial for two counts of conversion last September.

Three tree farmers from Central Makira constituency gave evidence against Taremae at the trial.

Taremae was accused of diverting more than $200,000 of the reforestation and out grower’s funds intended for his constituents to his own use.

Prosecution alleged he converted the money on two occasions, once in 2012 and again in 2013.

That was when he was the Member of Parliament for the Central Makira Constituency.

It was alleged that instead of disbursing the funds to the recipients of the reforestation and out-growers’ funds who were mainly tree farmers from his constituency, he allegedly misused the funds. 




No prosecutor for councillors’ case

 

THE case file of the two Honiara City Councilors accused of intimidating Honiara City Clerk Rence Sore at the councils headquarters last month is yet to be allocated to a prosecutor.

The matter of Vavaya Ward Councilor Billy Abae and Vura Ward Councillor Reginald Ngati who face intimidation charges was mentioned yesterday and further adjourned to July 29.

The adjournment was made to give time to the Office of the Director of Public Prosecutions (ODPP) to allocate a prosecutor for this matter.

Public Prosecutor Samuel Tovosia appeared for the matter yesterday where he informed the court that the matter is yet to be allocated to a prosecutor.

Abae is also yet to be armed with a lawyer and the adjournment will also give him time to find himself a lawyer to represent him.

Private Lawyer Allan Hou is representing Ngati.

Police arrested the two councillors on June 17 after they received reports the duo allegedly intimidated or threatened the HCC’s clerk at the Council’s headquarters.

The alleged incident happened on June 13.

Ngati is also facing a separate matter of larceny by servant.

Prosecution alleged Ngati stole $20,000 from HCC officers.

The alleged incident was said to have occurred at the Bank of South Pacific (BSP) at Ranadi, East Honiara late last year.

 


Prosecution to respond to proposal

 

PROSECUTION will tomorrow respond to a proposal from the defence to drop the charge against the young man accused of the fatal road accident at Mamara road, Northwest Guadalcanal in April.

Mick Disi, 22, is facing one count of reckless and dangerous driving.

He appeared in the Honiara Magistrates’ Court on Tuesday and his matter further adjourned to tomorrow.

His lawyer had made a proposal to the prosecution to withdraw the charge due to insufficient evidence to sustain the charge.

Public Prosecutor Steward Tonowane will send the proposal to the Attorney General (AG) who is the acting Director of Public Prosecutions (DPP) from his opinion.

He will then informed the court tomorrow as to their position regarding the proposal.

Disi had already pleaded not guilty to the charge on a previous court date before his lawyer made the proposal.

Principal Magistrate Fatima Taeburi said discussions, negotiations and proposals should have been made before an accused is arraigned.

She however added that there are no laws stopping that to happen.

Taeburi then adjourned the matter for pre-trial conference adding she will fix trial dates as well.

That is if the prosecution refused the defence’s proposal.

Disi is charged with a count of causing death by reckless and dangerous driving and driving without a valid driving license.

Principal Magistrate Leonard Chite granted bail after he was satisfied with the application made for Disi by his lawyer.

The prosecution did not object to the bail application.

Disi will appear in court again on July 14 for a possible plea.

Disi is facing a charge in relation to an allegation at 5pm on April 1 at LDA area, Mamara road.

He was driving a 15-seater bus and on its way to Aruligo school from Honiara when the alleged incident happened.

There were 14 passengers including the bus conductor on board the bus.

The prosecution alleged that Disi was driving at a high speed when he collided with a male person who walked across the Mamara road.

The victim fell onto the ground and sustained injuries to his body as a result of the collision.

The alleged victim was transported to the National Referral Hospital but unfortunately died the next day.

Public Solicitor’s lawyer Haniel Max represents Disi.

 

 

 

 

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