A Honiara Magistrate has acquitted a man accused of planning to burn down critical state-owned infrastructures after the prosecution failed to prove an agreement between the accused and others, a key element of the offence.
Principal Magistrate Elma Veena Rizzu Hilly delivered the judgment on Monday 12th January, acquitting John Damusi of one count of Conspiracy to Commit Arson.
“While the defendant may have expressed support for both plans A and B, there is no evidence that any other participant in the two meetings expressly agreed to pursue these plans or that there was any coordinated intention to act unlawfully.”
Damusi was initially charged with four counts of Conspiracy under the Counterterrorism Act 2009, but the charge was amended on 10 August 2023 to a single count of Conspiracy to Commit Arson.
On 12 April 2024, the prosecution withdrew the charge against his co-accused, Moses Su’u, after confirming he had passed away, and amended the charge to remove Su’u’s name.
Su’u was a former Malaita Eagle Force (MEF) member.
Damusi, a former militant of the Guadalcanal Isatabu Freedom Movement (IFM), was alleged to have conspired with others.
The alleged conspiracy took place between March 17 and May 6 in 2023 at Hammock Beach in northwest Guadalcanal and elsewhere in Solomon Islands.
The court heard that the allegations arose from meetings involving former militants from Malaita and Guadalcanal who were dissatisfied with the government’s handling of post-conflict rehabilitation, the Truth and Reconciliation Commission (TRC) report and push for a federal system of government.
Evidence presented by the prosecution alleged that two plans were discussed at those meetings if the government failed to meet the group’s demands.
Plan A was for the destruction of the Kongulai water source, while Plan B was for the burning down of the Mamara Housing Estate.
The plans were reportedly intended to be carried out in the days leading up to the National Parliament sitting on 5 May 2023.
Prosecution witnesses testified that Damusi spoke about both Plan A and Plan B during the meetings held in March and May 2023.
However, in her assessment of the evidence, Principal Magistrate Rizzu Hilly found that while Damusi may have expressed views about the two plans, there was no evidence that he reached an agreement with others to carry out either of them.
The magistrate noted that none of the witnesses testified to any consensus, agreement, or coordinated plan among the attendees, nor was there any evidence of preparation or steps taken to implement either plan.
The court stressed that conspiracy requires proof of an agreement between two or more persons, and that mere discussion or expression of intent is insufficient to establish the offence.
As a result, the prosecution failed to prove the charge beyond reasonable doubt, and Damusi was acquitted of conspiracy to commit the felony of arson.
“In the absence of an agreement, neither intent nor overt acts can be established.
“Therefore, I find the charge against the defendant does not meet the required threshold, and he is hereby acquitted,” Magistrate Hilly said.
Delilah Kukura Fagani of Public Solicitor’s Office represented Damusi, while Special Prosecutor Mary- Anne Zurenuoc from the Office of the Director of Public Prosecutions (ODPP) appeared for the Crown.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
John Damusi outside the courtroom after his acquittal
