Man facing numerous incest charges to plea, May 31
A MAN facing a number of incest charges dating back to 2014 when his daughter whom is the alleged victim was only 12 years old will be taking his pleas on May 31.
The 46 year-old man who cannot be named to protect the identity of his daughter is facing eight counts of incest.
He appeared in the Honiara Magistrate’s Court on bail yesterday and his matter further adjourned to allow his lawyer to get instructions from him for plea.
This was after Paul None of Public Solicitor’s Office confirmed that he has been allocated to represent the accused.
Public Prosecutor Steward Tonowane who appeared on instruction of his colleague said now that the accused has a lawyer they will service the disclosures to the lawyer.
Having heard from both counsels, Magistrate Fatima Taeburi further adjourned the matter for plea.
She said the adjournment is made to allow None to obtain instruction from his client for plea on the next court date.
She also ordered prosecution to serve full disclosures to None.
The eight incest charges were allegedly committed by the accused on his daughter between 2014 and January this year in east Honiara.
The alleged victim was only 12 years old in 2014.
Warrant of arrest issued for Nehemiah
THE man accused of obtaining a laptop and mobile phones from a shop in Honiara in 2019 under false has been requested to appear in court on May 24 and explain reasons for his absence yesterday.
Principal Magistrate Fatima Taeburi made this order following the absence of Martin Pola Nehemiah, 40, in the Honiara Magistrate’s Court yesterday.
Paul None from the Public Solicitor’s Office who represents Nehemiah told the court that his client was seen earlier in the morning in court room but had returned home before his matter was mentioned.
He said a court clerk had informed the court earlier that all matters before another magistrate had been moved to next week.
None added Nehemiah who was sitting inside the courtroom at that time was not clear about that information and then left.
Having heard from the defence counsel, Magistrate Fatima Taeburi then issued the warrant of arrest against Nehemiah to lay in the file.
If on the next court date Nehemiah’s explanation as to his absence yesterday did not satisfy Magistrate Taeburi, he is likely to be remanded in custody.
But in the event his explanation satisfies the magistrate, the warrant of arrest against him is likely to be withdrawn.
Nehemiah is facing three counts of obtaining credits by false pretence in relation to allegations in 2019 in China Town, Honiara.
Prosecution alleged Nehemiah had obtained four mobile phones and a laptop from the Smart Technology shop in China Town.
It was alleged he went to the shop and after allegedly introducing himself to the shop’s Managing Director as the president of the Christian Education Schools of Solomon Islands (ACESSI), he made an agreement with him.
Prosecution alleged that the agreement was for Nehemiah to collect items from the shop and those items will be paid by the ACESSI when the school grants are available.
Nehemiah then allegedly on three occasions between 28 February 2019 and 28 March 2019 went to the shop and allegedly collected a total of four mobile phones and a net book laptop.
The mobile phones each cost $2,250 and the laptop costs $2,850.
Few months later, it was alleged that the complainant tried to make several attempts to contact Nehemiah through mobile phone but Nehemiah would reply with negative feedback.
The Complainant even gave Nehemiah a grace period of 12 months in 2020 for him to make the payments for the items but that was not done.
On 6 March this year, the Complainant then went and reported the matter to the Central Police Station.
Nehemiah was located by the police on that same day and was arrested.
Bail app for man facing several arson charges today
A BAIL application is likely to be made today for one of the men accused of burning down several houses in North Guadalcanal in April this year.
Nineteen year-old John Lesapa’s bail application has been listed to be made before Principal Magistrate Fatima Taeburi this morning.
He is co-accused with Alex Joseph, 46, in relation to the arson incident that occurred at Teubala Village on 5 April this year.
Prosecution alleged that the initial incident involve a group of people from Teubala who allegedly went to Ghavagha Village to ask compensation.
The compensation sought was in relation to an assault incident that happened at Teubala on 3 April this year.
It was alleged that while they were still negotiation the compensation, the group from Ghavagha, armed with knives, spears and stones attacked the group from Teubala.
It was then alleged that they continue to attack and chase them towards Teubala.
At Teubala, the alleged attackers then burned down several houses and kitchens.
Juvenile facing house breaking charge released on bail
A JUVENILE male who was part of a group of men accused of breaking into a shop at Kukum, Honiara has been released on bail yesterday.
This was after Principal Magistrate Fatima Taeburi granted a bail application made for the juvenile on behalf of his lawyer.
“I find no evidence of risk of flight, re-offending or interference,” Magistrate Taeburi said in her ruling yesterday.
“Furthermore the applicant is a juvenile.”
She said she therefore also consider the provision of section 5 of the Juvenile’s Offender Act and agreed with Defence Counsel that there is a presumption in favour of bail.
“This presumption is protected by the Constitution and the Criminal Procedure Code (CPC).
“When the presumption in favour of bail is raised, the onus is on the prosecution to prove on the balance of probabilities that an applicant should not be granted bail.”
Magistrate Taeburi added that in this instance, the crown has conceded to the application and she therefore grant the application and released the juvenile with strict bail conditions.
Regarding the juvenile’s age, Magistrate Taeburi said there is no dispute he is under 18 but there is no specific actual age.
However, it was heard in court that both counsels had agreed that the accused is a juvenile and was therefore given the treatment of a juvenile.
The juvenile will return to court again on May 28, where he will be appearing together with his co-accused Alloysio Wale Bare.
The duo are each facing a charge of house breaking.
It was alleged that these two accused and some other unknown men broke into the L & Q shop at Kukum and stole cartons of cigarettes, goods and cash.
Public Solicitor’s lawyer Paul None is representing the juvenile while Public Prosecutor Steward Tonowane is appearing for the Crown.