Frank Zheng Bendiah was acquitted by Honiara Magistrates’ Court for unlawful wounding after a January 2025 incident in Kerekere Island, Malaita Outer Islands.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
A CHINESE national who stood trial following a violent altercation on a remote island in Lord Howe, Malaita Outer Islands (MOI), has been acquitted in the Honiara Magistrates’ Court.
Frank Zheng Bendiah had been on trial for one count of unlawful wounding, a charge that arose from an incident that occurred on 20 January 2025 at Kerekere Island in MOI.
In a judgment delivered recently, Principal Magistrate PM Hollison found that Bendiah acted in self-defence during the incident involving local resident Winston Amapa.
Bendiah is married to a native woman of MOI and was residing at Kerekere when the incident occurred.
According to evidence presented in court, Bendiah, who operates a small store or canteen in the village, had invited Amapa to his house to discuss money he believed the complainant owed him for goods taken on credit.
The two had previously worked together in a local beche-de-mer trading arrangement, where shop goods were exchanged with fishermen for sea cucumbers.
During the discussion, an argument broke out between the two men.
The court heard that Amapa punched Bendiah in the face, causing him to fall to the ground. Bendiah then grabbed a kitchen knife and chased Amapa outside his house.
In the struggle that followed, Amapa sustained wounds to his back and beneath his right knee.
Amapa was initially treated at a local clinic before being transported to Honiara, where he was later examined at the National Referral Hospital.
Prosecutors from the Office of the Director of Public Prosecutions alleged that Bendiah unlawfully wounded Amapa using a 30-centimetre kitchen knife, an offence under the Penal Code of Solomon Islands.
However, the defence argued that Bendiah acted to protect himself after being attacked.
In assessing the evidence, the court found that the complainant was the first to use violence.
Magistrate Hollison noted that agreed facts presented to the court confirmed that Amapa had punched the defendant during the argument.
The court also accepted Bendiah’s evidence that he feared further attack and believed he was in danger when the complainant grabbed him by the neck during the struggle.
The magistrate referred to legal principles of self-defence recognised under Solomon Islands law and common law authorities such as Palmer v The Queen.
The ruling said a person who is attacked has the right to use reasonable force to defend himself and cannot be expected to measure exactly how much force to use in the heat of the moment.
Magistrate Hollison concluded that the prosecution failed to prove beyond reasonable doubt that Bendiah’s actions were unlawful.
“In terms of credibility, I find the defendant to be a more credible witness than the complainant,” the magistrate stated in the judgment.
The court held that the injuries sustained during the struggle occurred while Bendiah was attempting to defend himself from what he believed was an imminent threat.
As a result, Bendiah was acquitted of the charge of unlawful wounding.
The court ordered that the defendant’s bail money be returned and directed that his passport be released if no appeal is filed.
The prosecution retains the right to appeal the decision in the High Court.
Private lawyer Frank Smith Pitabelama represented Bendiah, while Public Prosecutor Herrick Lautalo appeared for the Crown.
