FULL disclosures are yet to be made to the five people charged in connection to the $10 million scandal within the Ministry of Health and Medical Services.
This matter came before the court on Wednesday and was further adjourned to June 14.
The short adjournment was made after the defence counsels objected to a long adjournment of 28 days sought by the prosecution.
Private lawyers Brian Hiele, Amos Ngaingeri, and John Taupongi strongly opposed the long adjournment and are suggesting if the matter could be discharged under section (190) (2) (b) (ii) of the Criminal Procedure Code (CPC) until the completion of the police investigation.
They said otherwise the matter will continue to come to the court and this would only waste the court’s time and everybody’s time.
Another ground they stood on was that accused persons engaged private lawyers and the delay is costing them.
They are of the view that this is injustice to their clients to keep dragging the matter.
Public Prosecutor Rajah Patrick Abe, who stood on instruction of his colleague Bradley Dalipanda, took on board the concern raised by the defence counsels.
He however, added that it is the crown’s position to ask for a discharge in the event there is insufficient evidence.
He further added that prosecution continues to serve whatever the investigators can disclose to them to the defence counsels.
He said it is not a matter where nothing has been done as prosecution continues to disclose materials given to them by the investigators.
Given the objection to the long adjournment, Mr Abe said a shorter adjournment can be made and also suggest for a conference to be held with the defence counsels to sort out the disclosures.
Chief Magistrate John Numapo having heard from both the prosecutions and the defence counsels is of the view that the 28 days adjournment is too long.
He said prosecution has not provided any proper justification for the long adjournment they sought and he is also mindful of the fact the case has been adjourned for too long now.
“I also note that different counsels have been appearing with no proper instructions from counsel on that matter.”
He then granted a short adjournment and said the prosecutor in carriage of the matter is to appear in court and inform the court on the status of the disclosures.
Mr Numapo added that the defence counsel can make a proper application under section 190 (2) (b) (ii) of the CPC in the event prosecution fails to serve full disclosures.
He also directed both the prosecution and the defence to have a conference regarding disclosures before the next court date.
Four former officers from the Ministry of Ministry of Health and a local contractor were charged in connection to the missing $10 million.
Finance Controller Stephen Dalipanda, former senior accountant Hatigeva, former procurement officer Robert Manu, former accounts officer Dalcy Maena and local contractor Tigi Sikele are on bail.
Dalipanda of Choiseul is facing 15 counts of false pretence for allegedly approving some payments totalling up to $7.3 million.
His co-accused Manu of Tikopia faces 12 counts of false pretence and four counts of official corruption.
This is for allegedly processed some payments under two non-genuine shipping companies totally up to 7.3 million.
Hatigeva is facing 10 counts of false pretences for allegedly endorsing payments and other documents totalling up $7.3 million.
Dalcy Maena of Malaita faces 18 counts of false pretence for allegedly processing fictitious quotes, invoices and claims for non-executed services or duplicated payments from fake shipping including a private company that she set up totalling up to SBD $7,542, 763.40.
Sikele from Malaita, who is a local contractor, is facing two counts of false pretences for allegedly defrauding the Ministry of Health of more than $730,000.
Prosecution alleged the accused and other public servants from the Ministry of Health and Medical Services colluded with fake shipping agents to defraud the Solomon Islands Government for approximately $7.3 million.
The two shipping agents are John Biliki and Wesley Poloso of Eroba Shipping Service and Joke Shipping Service to defraud the Solomon Islands Government for approximately $7.3 million.
One of the alleged fake shipping agents, taxi driver, Poloso, was already convicted and jailed for two and a half years in 2014 for receiving $1.5 million of the fund.
He was referred to as a “toy-boy.”
Owner of the other alleged fake shipping agent, Biliki’s case is still pending before the High Court.
These millions of dollars were aid donor funding and Solomon Islands Government money purposely to support and improve rural health services.
Prosecution alleged that these have severely affected implementation of health projects in the rural areas and has unfavourable impact on provision of government health services in the rural areas.
By ASSUMPTA BUCHANAN