THE ruling handed down by the High Court in the legal proceedings instituted by Sumitomo Mining Company of Japan against Axiom KB, challenging the validity of the nickel prospecting license of the joint venture company between Australia’s Axiom Mining company and the Kolosori-Bungusule tribes of Isabel Province carries damning revelations about the dealings of a Sumitomo official in Solomon Islands.
Commissioner John Brown when handing down the 374 page ruling on Wednesday stated that he found that the Managing Director of Sumitomo Metal Mining Solomons (Sumitomo), Yoritoshi Ochi to be dishonest in his dealings with the landowners and the Solomon Islands Government.
Justice Brown said following the close of tenders for nickel prospecting licence over the Kolosori land in 2010, Mr Ochi was aware that the screening committee and the board had decided in favour of Sumitomo and was annoyed at the delay by the then Minister for Mines and Energy in announcing the award and letter of intent.
He wanted the award announced so that he could move quickly to have the access agreements with landowners signed in accordance with the Letter of Intent, and have the Prospecting Licence issued on Sumitomo’s terms.
Mr Ochi used the Minister of Mines and Energy’s request for a visit to an operating High Pressure Acid Leaching plant to entice him into announcing the award, arranging the trip with the minister when he was aware he had no authority to commit Sumitomo to such a visit.
Mr Ochi used “his agents”, to interfere with the usual workings of Solomon Islands Government Departments including the Department of Mines and the landowner groups.
He treated the Minister of Mines and Energy with disdain and manipulated government officials from the Department of Mines to his purpose.
He was keen for the Japanese Ambassador in PNG [responsible for Solomon Islands affairs] to threaten to withdraw funding for a hospital project in Isabel.
In court, the judge stated that Sumitomo needed to reconsider its relationship with the government of the Solomon Islands and its people “for by my findings it is apparent the company has acted with obliquity”—meaning the company’s actions were not moral or of sound thinking.
– By Deli Oso
