Dear Editor – I would be grateful if you could publish this article with the title; “Solomon Island Justice System & Australian Justice system”.
The Solomon Islands justice system is inherited from the British system whereby parties bring their matters to court, and the court sits independently as a referee.
The judges and Magistrates make decisions after completion of matters.
One good thing about the Solomon Islands courts is that Magistrates and Judges kept themselves away from due influences from the prosecution or the defence. This is paramount important to ensure that the courts make decisions based on the evidences provided by the prosecution and the mitigation provided by the defence counsels.
Also, defendants’ rights to self-defence and/or legal representation is highly respected in courts.
Thus, the right of defendants to be heard in court is NOT determine by money.
Public Solicitor is mandated to represent defendants in court, and it has been providing excellent services to people who were charged with criminal matters. Displaying at the heart of its service is the respect for the lawyer-client relationships.
Furthermore, it is hardly seen the Royal Solomon Islands Police (RSIPF) investigators fabricating evidences and bring them to present in honourable court rooms.
However, this is different to some magistrates courts in Australia. I had an experience in New South Wales (NSW) Australia whereby I was arrested and charged for domestic violence.
I applaud the police for doing their job. What shocked me is the influence of magistrates by defence lawyers and the prosecution?
My wife repeatedly went to the police and asked them to remove the conditions that stopped me as a father to be with my family but she was always lied to by the investigation officer.
She went to the Magistrate court in Griffith NSW but was denied access to speak to the Magistrate.
My wife realised the police had written most of the things in her statements which are not correct.
Also, an Australian lady who was present during the incident had told the police that there was no crime committed by me to that degree in which the police had tailored my wife statement.
It was just a mere argument between me and my wife. Surprisingly, the police wrote on my wife statement that I said to her, “today is your last day I’m going to murder you”.
These are the words the police are using to weigh down the full force of Australian laws on me.
I was told to see a on-duty lawyer on one of the court date. After talking to the defence lawyer, he stood up and said to me, you are not paying me for this I will not represent you.
I was shocked and I entered the court room and pleaded guilty to five charges. Out of the five charges, I was only charged for 3 offences. The other two offences I was never charged for them but convicted of them after pleading guilty to all of them.
On another court date before I entered a plea of guilt, a duty lawyer called me into a court room and she stood up and lied to the Magistrate that I pleaded not guilty.
Nevertheless, I already indicated to her my guilty plea provided she asked the prosecution to drop the other charges.
Furthermore, the police investigator charge me for another offence of common assault just for talking with her in court.
That same officer remanded me in police custody after the Magistrate had released me to do Community service.
I pleaded to the Magistrate that I don’t want to be remanded again. I told the Magistrate that the officer was lying.
The officer lied to the Magistrate that I will not be remanded. However, she took me out from the court house and remanded me in the police cell.
I never came across such stupidity in my 14 years career as a police officer in the RSIPF.
Its evident that police investigators in Australia can fabricate evidences by changing the record of interviews, videos, statements and produced them in court rooms.
Also, defence lawyers and prosecutions can easy access magistrates and lure them to play their games.
Notably, Australian justice system has been commercialised and becomes just like any other profit-making business.
It is with great honour to read on Solomon Star that the Australian federal high court had signed two memorandums with the Solomon Islands high court.
I hope what is happening in the Australian Magistrates court rooms will not trans-bounded to Solomon Islands and softly intruded our justice system.
I strongly believe the Australian Federal Court system is strong and the respect for humanity is recognised.
The Pacific region justice systems need to be protected from due influences by the prosecution and defence counsels to their advantage.
This begs the question – who will do it? I believe Australia has already provided huge fundings to the Pacific regions justice sectors.
I hope such unethical lawyers are not contracted as advisors in the region.
Hudson Hickson Fono
Australia
