PRINCIPAL Magistrate Tearo Beneteti has granted strict bail for Moffat Konofilia (MK), who was re-arrested on 29 October for breaching bail conditions on sedition and unlawful assembly charges linked to the November 2021 Honiara riot.
Bail was granted with surrender of his passport, cash bail of $10,000, and additional surety cash bail of $5,000.
In her ruling last week, Magistrate Beneteti said she was satisfied, on the balance of probabilities, that Konofilia could be released on bail under tougher conditions.
She considered his apology and explanation that he is a layperson who did not fully understand what he was required to do when he returned from the United Kingdom, as well as his previous record of complying with court while still in the country.
The magistrate noted that while the prosecution described the offences as serious, the law sets a maximum penalty of two years for sedition and one year for unlawful assembly.
She said she must interpret the law as it stands and that offences such as treason are regarded as more serious crimes against the State, whereas the offences Konofilia faces carry lesser penalties.
Magistrate Beneteti said she also considered that before leaving for the UK, Konofilia had been complying with his bail, attending court and engaging with the Office of the Director of Public Prosecutions even without a lawyer.
She said the test for bail was not proof beyond reasonable doubt but the lower test of balance of probabilities, and after weighing all the factors, she was prepared to trust him again, subject to stricter monitoring.
The magistrate noted the prosecution’s submission that multiple attempts had been made to locate Konofilia and that he had not assisted authorities.
However, she said no evidence was provided on the actual cost to the government, so she based her decision on the information presented in court.
The magistrate also addressed the defence’s submissions on subsequent bail. Konofilia, through his lawyer, had applied after being remanded by another magistrate and seeking legal counsel.
The defence argued that there was a change of circumstances because he had not been represented in the earlier hearing and referred to two case authorities on subsequent bail.
Magistrate Beneteti said she read and assessed the cases, noting that in the first application before Magistrate Fagani, no surety, cash bail, or passport issues had been addressed when the decision was made.
However, she said she could not ignore his previous failure to appear and ruled that his wife would no longer act as principal surety, saying she had not assisted the court previously.
Konofilia was therefore granted bail with his aunty as principal surety, and his brother and sister as the other sureties.
He must reside with his family at their Honiara home and report twice weekly to the National Criminal Investigation Department (NCID) at Rove Police Headquarters.
He is not to leave Guadalcanal Province without court permission, must not commit further offences, and must not interfere with witnesses or court proceedings.
Magistrate Beneteti also strongly warned him not to post anything about the case on social media, saying such remarks could stir unnecessary issues, affect his lawyer, and be regarded as interference with court proceedings.
Sureties were reminded that the cash bail is refundable but will be forfeited to the State if any bail condition is breached.
Earlier, the court heard brief submissions from both the defence and prosecution.
The defence emphasized that this was a fresh bail application based on new facts, while the prosecution stressed Konofilia’s previous breach of bail and the risks associated with his release.
Konofilia was originally charged with leading a protest at the National Parliament during the November 2021 riot.
He had been granted bail to travel to the United Kingdom but failed to return for his court date in February 2023, resulting in the case being withdrawn under Section 190(2)(b)(ii) of the Criminal Procedure Code, which allows for a discharge but not an acquittal.
The charges were reinstated when he returned to the country on 28 October 2025, and he was re-arrested the following day.
The matter has been adjourned to Wednesday this week for a pre-trial conference and the setting of a trial date.
The courtroom was packed by Konofilia’s immediate family members and relatives. A beefed-up police presence was visible outside the court.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
