FOUR former Ministry of Health and Medical Services (MHMS) officers have been acquitted of defrauding the government of $1,594,935.12 in payments to a shipping company that did not provide services.
The ruling was delivered Principal Magistrate Ishmael Kekou on 23 October 2025.
The accused, former Finance Controller Stephen Dalipanda, former Senior Accountant Randy Hatigeva, former Health Procurement Officer Robert Manu and former Accounts Officer Dalcy Maena, faced two counts of False Pretence.
The charge relates to two freight payments made in 2013, for the transportation of building materials to the Manuopo Area Health Centre in Temotu Province, amounting to $716, 467.62 and to Luaniua Rural Health Centre in Malaita Outer Islands, $878, 467.50.
Prosecutors alleged that the company, Joke Shipping Services, was paid for shipments but never delivered the materials.
During the trial early this year, the prosecution called five witnesses and tendered 61 exhibits.
The accused chose not to call any witnesses in their defence.
After the trial, Magistrate Kekou had carefully examined the ministry’s procurement process and payment procedure and noted procedural errors, including missing approvals and the use of incorrect forms for large payments, but said these does not prove the officers intended to commit fraud.
The magistrate also addressed a request by the prosecution to amend the first payment by two cents — from SBD 716,467.62 to SBD 716,467.60.
Kekou said, the amendment could work in favor of the accused, stating, “Even minor differences in amounts must be considered carefully, and in this case it cannot be used against the accused.”
On the issue of collusion, Magistrate Kekou explained that under section 21(a) of the Penal Code, all four were charged as principals.
“By this, it is required that they all must collude with each other to execute the offending.”
However, the magistrate said, there was no evidence that Hatigeva and Maena had knowingly participated in any wrong doing in relation to the first charge.
He told the court that if everyone is named as an accused, it is either all guilty or all are not guilty.
He added that Maena in the second charge involving the freight payment for Luaniua RCH, had prepared the comparative bid analysis and recommended Joke Shipping Services of a bid of $878, 467 because it was cheaper compared to two other suppliers.
Magistrate Kekou noted this was false because prosecution exhibit showed Eroba Shipping Service offers the lowest bid at $183,255.
He said, Maena’s dishonest recommendation amount to deceit.
The court also heard that Manu and Dalipanda had worked closely with Joke Shipping Service on both freight payments.
Joke Shipping Company was set up in 2013 by Wesley Poloso and the late John Biliki, who works for him.
The two men were also behind Eroba Shipping Services and were accused of defrauding the Solomon Islands Government of about $7.3 million.
Poloso was convicted in 2014 and jailed for two and a half years in 2014 for receiving $1.5 million of the funds.
Biliki’s case was discontinued in 2019 in the High Court after his death.
Magistrate Kekou said, Dalipanda had falsely represented that the payment for both materials and freight were processed together, when in fact, only the freight payments were made.
“Truth being told, the payment of the materials was not sent along with the payments with the freights.
“The payment for materials was prepared and when it was ready Stephen Dalipanda said that there were no funds available. Such dishonesty speaks volumes of Dalipanda’s guilt.”
However, the magistrate said, while Dalipanda, Manu and Maena appeared to have acted dishonestly, the way the charges were framed meant they could not be convicted unless they were all proven guilty together.
Regarding, Hatigeva, Magistrate Kekou said, there was no evidence linking him directly to the false claims.
“It may appear suspicious but suspiciousness cannot convict except on prove beyond reasonable doubt,” he said.
“While the three accused are guilty, Hatigeva is not.
He added that Hatigeva’s explanation that, “everything looked alright” when he signed the documents are acceptable because he was a subordinate to senior staff.
“While the three accused are guilty, Hatigeva is not,” the magistrate said.
“As it has been decided, in such case where everyone are named accused persons, it is either all or none of them committed the offence.”
With that, Magistrate Kekou ruled that the prosecution had not proved their case beyond reasonable doubt and acquitted all four accused on both counts of False Pretence.
The case involved payments totaling SBD 1,594,935.12, which were intended for rural health projects.
In a related case, Manu had earlier been convicted of three counts of Official Corruption and received a two-year suspended sentence for corruptly receiving $195,000 in exchange for facilitating payments connected to Eroba Shipping.
Also related, private contractor Tigi Sekele faces three counts of False Pretence for allegedly fabricating invoices and claiming more than $1 million in payments for undelivered freight services.
His case is pending trial.
The accused were represented by private lawyers Jim Seuika, John Taupongi and Rochelle Palmer, and Jennifer Happylyn of the Public Solicitor’s Office.
Public Prosecutor John Wesley Zoze represented the Crown.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
