SUBMISSIONS will be made in court on November 28 on whether a man facing a false pretence charge is lawfully remanded in custody.
Gordon Mark’s lawyer raised this issue when the matter was brought in the Honiara Magistrates’ Court yesterday.
He questioned whether his client is lawfully remanded in custody.
Private Lawyer Allan Hou asked the court to confirm that in court but Principal Magistrate Sheppard Lapo said this is a matter that requires written submissions from both the prosecution and the defence.
Mr Hou said it seems that there was no order from the magistrate to remand his client in custody.
He also indicated applying for a bail application of which the prosecution objected.
The bail will be made after the issue of Mark’s remand is cleared.
The prosecutor, who is in carriage of this matter, is also currently away in the province and will be back before the next appearance.
Mark is co-accused with Nelson Maeta who is facing one count of false pretence, intimidation & Molestation, two counts of rape and indecent assault.
The false pretence charges were in relation to an allegation between November 1 and 30, 2011 where the two accused and other men obtained more than $300,000 by selling the victim fake gold bars.
Police alleged the men approached the alleged victim, Hypolite Taremae, who is the former Minister of Truth Reconciliation and Peace, at his office at Antony Saru Building.
It was alleged that the men came to see the alleged victim with intend to obtained money through false pretence and designing a way to lure him into believing their made up stories.
The accused men and others allegedly told Mr Taremae they were from Weathercoast in Guadalcanal and allegedly used fake names.
They allegedly told Mr Taremae they will conduct a reconciliation ceremony in the coming days but did not have enough money to hold the event.
Police then alleged the men then showed a picture of a gold bar to Mr Taremae which they claimed to be in their possession.
They allegedly said they have some gold bars which were stolen by the former Guadalcanal war-lord Harold Keke that was taken from the former Ross Mining during the height of the ethnic tension.
The men also allegedly showed Mr Taremae a certification letter from the Director of Mines that confirmed that the gold bars were gold and worth six million dollars.
Having heard from the accused and seen all the documents, Mr Taremae was convinced.
Then on various occasions between July and November 2011, the accused men allegedly handed Mr Taremae three gold bars in return they received $300,000.
The victim however, later found that the men lied to him and he took the “gold bars” to a dealer who confirmed they were fakes.
The bars were made from lead metal and painted with gold colour paint.
It was also alleged that the accused men threatened the case officer who was investigating their case that they will shoot him with a gun.
Police alleged the men claimed they still have guns and will hunt for the case officer everywhere and will kill him.
By ASSUMPTA BUCHANAN