Kwaita, Mannie acquitted of 2021 Honiara Riot related charges, Magistrate Hollison rules that unavailability of witnesses means insufficient evidence or no evidence
SIMON Mannie and John Kwaita have been acquitted of charges relating to the 2021 Honiara riots after the prosecution withdrew the case due to insufficient evidence.
Principal Magistrate Felix Hollison on Wednesday granted the Crown’s application to withdraw the charges under section 190 of the Criminal Procedure Code (Cap 7).
In his ruling, Magistrate Hollison said he was satisfied that the prosecution’s application was supported by valid reasons.
“I am satisfied that the application is supported with a valid reason. The unavailability of the witnesses means that there is insufficient evidence or no evidence at all and the charges cannot be sustained,” he said.
He ordered that the charges be withdrawn pursuant to section 190(2)(b)(i) of the CPC and that both defendants be “acquitted forthwith”.
“The court’s administration shall expeditiously facilitate the reimburse of the defendants’ respective cash bails,” Magistrate Hollison added, describing it as “a long walk to freedom for the defendants since 2022.”
Mannie and Kwaita had each faced one count of unlawful assembly and one count of arson contrary to the Penal Code (Cap 26), arising from the 24 November 2021 unrest in Honiara.
The prosecution had alleged that the two men took part in an unlawful gathering and were involved in procuring and counselling others to willfully set fire to the Kukum Police Station during the riots that caused widespread destruction across the capital, particularly in Chinatown.
The trial had been scheduled to run from 9 to 20 February 2026.
However, last week the Crown informed the court of difficulties in securing the attendance of its three witnesses, most of whom are police officers.
The matter was adjourned to allow the prosecution to seek endorsement from the Director of Public Prosecutions to withdraw the charges.
With the withdrawal now granted and acquittals entered, the case against the two men has come to an end, subject to any appeal.
For clarity, the matter against their former co-accused, Knoxley Atu, remains pending and is expected to be set down for trial later this year.
Outside of court, Ronald Dive of Ron Law Firm, who represents Mannie, commented on Wednesday’s acquittal.
He said the Director of Public Prosecutions initially applied to withdraw the charges under section 190(2)(b)(ii) of the CPC, but the defence requested the court to consider section 190(2)(b)(i), which allows for an acquittal.
“I think the court used its discretion to make its decision, and in fact, both men were acquitted of the charges relating to the 2021 riot,” Dive said.
“Basically, it is a relief for the two defendants.
He said this matter has been going on for five years, and having charges hanging over their heads for so long affected them mentally and psychologically.
But now, with the acquittal, there are no charges against them. It is a huge relief.
“In terms of the defence, we are grateful for their faithful attendance in court throughout the proceedings, which ultimately proved their innocence.
“Justice has been served, and we are very thankful for that.”
Delilah Kukura Fagani of the Public Solicitor’s Office represents Kwaita.
The 2021 Honiara Riot was sparked by a protest against the government’s decision to sever diplomatic ties with Taiwan for the People’s Republic of China in September 2019.
(See separate article for Kwaita’s comments regarding the court decision)
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
