An application for a permanent stay has been filed in the Honiara Magistrate’s Court in the case involving Honiara businessman David Kwan.
The application seeks to stay proceedings pending the lapse or determination of an existing ex parte order issued by the High Court.
Kwan has previously pleaded not guilty to two counts of operating a private market without prior written approval from the Honiara City Council (HCC).
The matter came before the court for a pre-trial conference on Thursday, where the defence informed the court that it had filed the stay application.
The defence argued that the proceedings should be halted while the High Court’s ex parte order remains in force.
The court was told the order is still operative.
In addition, the defence requested that the prosecution amend the particulars of the charge to include KCM Properties Limited — the company registered as the landowner — rather than proceeding solely against Kwan in his personal capacity.
HCC prosecutor Harry Bisafo is expected to respond to both the stay application and the proposed amendment when the matter returns to court on March 12.
Kwan is charged under Section 7(1)(a) of the Honiara City Council (Market) Ordinance 2009 for allegedly operating a private market at the Firehouse area in Point Cruz without council approval.
The prosecution alleges that vendors were allowed to sell produce and other goods on land registered to KCM Properties Limited without the required written consent from HCC.
Kwan is represented by Ben Etomea of BETS Legal Service.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
