ONE of the brothers accused of stealing properties worth over $42,000 and $334,000 in cash in a building at Fangs area, Tandai in West Honiara will face a voir dire hearing (trial within a trial) in Magistrate court this week.
Joe Malau, 30 and his elder brother Mathew Malau, 33 are jointly charged with one count of burglary.
They were initially charged with Frank Firimolea, 36.
However, the prosecution has withdrawn the charge against Firimolea due to insufficient evidence against him.
Joe is challenging the admission he made in his record of interview (ROI) with the police.
He claimed police assaulted him when they apprehended him at Mount Austin.
While the prosecution alleged Joe injured himself when he escaped from the police downhill at Mount Austin at 11.30 pm on 10 June 2024.
Joe further claimed that it was after the assault that police brought him for an interview, which he made the admission due to fear of being assaulted again.
He claimed the admission was not his, and that it was made involuntarily.
The prosecution will be calling five police witnesses for this hearing.
A scene visit will be arranged later during the week for counsels and the court to view the scene at Mount Austin at 11.30pm.
This hearing including the trial proper scheduled for a week was supposed to start on Monday before Chief Magistrate Emma Garo.
However, Firimolea did not turn up in court on Monday, resulting in a warrant of arrest being issued for him.
CM Garo advised the prosecutor Irene Mae to ensure police execute the arrest warrant on Firimolea and adjourned the matter to yesterday.
Yesterday, it was heard the arrest warrant was not yet executed as police were not aware of his location.
Following discussions about how to run the trial, the final outcome was for the voir dire to continue without Firimolea.
The prosecution then proceed to withdraw the charge against Firimolea under 190 (2) (b) (ii) of the Criminal Procedure Code (CPC).
This is due to insufficient evidence.
Under this section, police can reinstate the charge once they have sufficient evidence.
Since Firimolea disobeyed his bail conditions and a warrant of arrest was issued for him, the court will be dealing with the arrest warrant on April 15.
The alleged incident occurred on 10 June 2024.
The victim was still inside his shop JX Enterprise when the three defendants drove into the eastern gate of the Fangs area at Tandai, in a white caldina car.
They parked the car in the area and they went upstairs and into the building damaging the door lock.
They went inside the room and removed cartons of bro cigarettes, Pall Mall cigarettes, solbako, two Huawei mobile phones and a cash of $334,000 before escaping back to the car.
The total cost of all the properties removed that night are $42,200.
The defendants had already left the scene before the security officer’s wife and another Chinese female discovered the break-in.
They alerted the police and the Malaus were arrested at around 10 pm after the incident.
Police continued to search for Firimolea but could not locate him until on August 26; they sighted him at Foxwood area when they arrested him.
He was charged and later released him on bail.
However, due to insufficient evidence against him, the charge against him is now withdrawn.
On 16 January this, Firimolea allegedly involved in a break in at the Tech Hub shop in Honiara where he and four other defendants allegedly stole over 80 mobile phones and $560 in cash.
Police have already arrested four defendants whilst Firimolea is still on the run.
Public Solicitor’s lawyers Ron Dicky Pulekera, Bobby Harunari and Rochelle Palmer represent the three defendants.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
