THE matter of a man accused of possessing a World War II rifle and ammunitions without a firearm licence in 2021 in Honiara has been withdrawn in the Honiara Magistrate Court.
This was after the prosecution made an application under 190 (2) (b) (ii) of the Criminal Procedure Code (CPC) to discharge defendant Iro Kwaita of the charge of Possession of a Firearm or Ammunitions without a Licence contrary to section 5(2) of the Firearms and Ammunition Act.
The application to have Kwaita discharged was prompted by the prosecution’s inability to provide evidence from a qualified person as to whether the firearm was operational or was able to fire ammunitions or cartridges.
There was also no evidence provided to prove that the defendant Kwaita did not have a license to possess the firearm and ammunitions.
Kwaita was alleged to have possessed the WWII riffle, a 303 firearm, with six cartridges at Ranadi between 1 September to 30 November 2021 – a period that covered the days on which the Honiara November 2021 Riot occurred.
He was awaiting trial when the court raised the issue of evidence. This led to the prosecution’s assessment of the case and submission of an application for the withdrawal of the charge.
The withdrawal of the charge is made under section under 190 (2) (b) (ii) of the CPC but it does not mean that Kwaita is acquitted. Police can reinstate the charge later when they collect enough evidence.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
