The court will on Wednesday hear the no case to answer submissions made on behalf of three people accused of forging documents to self-promote themselves to be new trustees of a land in East Guadalcanal.
The hearing was scheduled for Tuesday but did not proceed because prosecution asked for time.
Public Prosecutor Bradley Dalipanda told the court he need time to just finalise his submissions as he had just returned from a court circuit and have not done that earlier.
Deputy Chief Magistrate Shepherd Lapo granted the adjournment and extended bails for the three accused.
Chris Rarumae of Public Solicitor’s Office who represents the trio put the court on notice of their intention for the no case at the end of the prosecution’s case.
This was after prosecution closed its case following a trial that was conducted on the case early last month.
Richard Tangarongoe, John Kalakua and Solomon Tiba are facing charges of forgery, uttering and false statement or making false declaration in statutory declaration.
Prosecution alleged that these offences were committed in relation to the make and signing of a statutory declaration on 21st day of July 2006 at Tetere Police Station.
The purpose of the statutory declaration form was for replacement of deceased trustees over the Tutumu/Vavatu land, in East Guadalcanal.
According to the allegation, the land which forms the subject matter of this proceeding is not a customary land, rather it is a Perpetual Estate registered sometimes in 1970’s.
Prosecution further alleged that following the formal registration of the said land, the Lathi Tribe then appointed three trustees of which two are now deceased as trustees.
Five of these original trustees fairly represent the descendants of three sisters – the original land owners of the Tutumu/Vavatu lands.
The three sisters are of the Lathi tribe.
The allegation further states that following the death of original trustees who were joint owners of the land, three other trustees needed replacement.
The complainant in this matter was one of those who replaced a trustee in 2001.
Prosecution then alleged that since the appointment of the complainant, there were no further tribal meetings held to appoint replacement for other deceased trustees.
Public Prosecutor Bradley Dalipanda in his opening address said the Crown alleged that on 21 July 2006, a meeting was summoned by GPPOL to be held at Tetere.
He said three accused have signed the statutory declaration and have their names included as trustees without the knowledge of the majority of the landowners of the Thaliu Dani Mamata clan under Lathi tribe.
Mr Dalipanda said that content of the declaration sworn before Commissioner for Oaths is false.
“The content deposit in the purported declaration contains false information regarding appointments of the three accused as new trustees.
The declaration was alleged to be not in accordance with the Land and Titles Act that is to say both Kalakua and Tangarongoe are not tribal appointed trustees.
“They had in fact self-appointed themselves and the whole process of appointment was fraudulently done by the three accused together with several surviving trustees who were present at the time of signing the declaration in the absence of the complainant and majority member of the Thaliu Dani Mamata clan.
By ASSUMPTA BUCHANAN