Regina v Kelly [1990] SBHC 10; HC-CRC 044 of 1990 (13 December 1990)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 44 of 1990

REGINA

v.

JIMMY R. KELLY & 6 OTHERS

In High Court of Solomon Islands

Hearing: 13 December 1990
Sentence: 13 December 1990

DPP for Crown
J. Muria for Defendants

WARD C.J.: In August of this year, the peace of the Shortland Islands was shattered by the arrival of a band of seven armed men claiming to be members of the Bougainville Republican Army. Their arms consisted of shotguns, rifles and pistols and they clearly intended to terrorise the inhabitants of Shortlands in order to prevent these people reporting any illegal acts by them or their fellows to the Royal Solomon Islands Police.

At the first village, Samanago, they called for one man by name and when he went to them, they surrounded him and Kelly pointed a pistol at his head. Two others loaded their guns and all were threatening and hostile. He was told he would be shot if he reported any one to the police.

They then went to Toumoa village and marched through the village in a threatening way to frighten the villagers.

At Naniki village, Kelly called the villagers to a meeting. He warned them against reporting him and other members of the BRA to the police and he called three names. One of those was accused of being an informer and a pistol pointed between his eyes.

The accused then went on to Ovau Island shortly after midnight, called seven men who had been resting there after diving for trochus shells and made them line up on the beach. Again they were threatened and abused. They were told they were to be taken hostage and made to hand over petrol and the trochus shells. In the end, only one man was taken, having pleaded for the other men to be left and, in fact, he was also eventually released.

The learned Chief Magistrate has sent the accused up to this court for sentence with the following comment: "These are quite possibly the most serious offences ever to have come before the court in Solomon Islands. The gravity of the offences lies in the fact that the people of these villages believed that all were members of the Bougainville Republican Army and were quite clearly terrified by the threats of the accused."

Having heard the facts outlined and read the evidence, I can only say I agree with him. These are dreadful actions by callous bullies. The fact that no actual violence was used or physical injury caused is a matter in their favour but, when men are armed, I can only assume that, had there been any resistance, they would have used their weapons. Their intention was to terrorise the people so much that they would no longer dare to call on the police in their own country.

The fact you claimed to belong to the BRA was a factor that must have added an extra dimension of terror to your victims. It suggested they were in the hands of people who no longer felt bound by the moral constraints of ordinary people and who had abandoned lawful, civilised behaviour. It is hard to conceive the fear they must have felt at the uncertainty of whether or not they would live.

Whether you are, in fact, members of the BRA does not concern this Court. I sentence you for the crimes of which you stand convicted under the normal law of Solomon Islands.

This country is mercifully free of the sort of acts you came here to commit and this Court will always impose penalties to make it clear that such crimes are not to become part of the Solomons and are totally alien to the way of life of its people.

Kelly - you claim to be the leader and it is clear on the evidence that you took the most active role. As far as the remainder of you are concerned, I see no reason to separate you. Two of you are very young but you have chosen to take part in serious crimes. However, I feel it likely you were influenced by older and more experienced men and I have allowed for this.

I allow in all cases for your pleas of guilty to some offences and your previous good character. I treat all these offences as a single, continuing and deliberate action.

Ninamo - Count 1 - 2 years imprisonment

Count 2 - 1 year imprisonment

Count 3 - 2 years imprisonment

Count 4 - 2 years imprisonment

Count 6 - 10 years imprisonment, all concurrent

i.e. 10 years in all.

Zonga - Count 1 - 2 years imprisonment

Count 3 - 1 year imprisonment

Count 4 - 2 years imprisonment

Count 6 - 8 years imprisonment, all concurrent

i.e. 8 years in all

Saul - Count 1 - 2 years imprisonment

Count 3 - 2 years imprisonment

Count 4 - 2 years imprisonment

Count 6 - 10 years, all concurrent.

i.e. 10 years in all

Moffat - Count 1 - 2 years imprisonment

Count 3 - 2 years imprisonment

Count 4 - 2 years imprisonment

Count 6 - 10 years imprisonment, all concurrent

i.e. 10 years in all

Warau - Count 1 - 2 years imprisonment

Count 2 - 1 year imprisonment

Count 3 - 2 years imprisonment

Count 4 - 2 years imprisonment

Count 6 - 8 years imprisonment

i.e. 8 years in all

Manasa - Count 1 - 2 years imprisonment

Count 3 - 2 years imprisonment

Count 4 - 2 years imprisonment

Count 6 - 10 years imprisonment, all concurrent

i.e. 10 years in all

Kelly - Count 1 - 2 years imprisonment

Count 2 - 1 year imprisonment

Count 3 - 2 years imprisonment

Count 4 - 2 years imprisonment

Count 5 - 1 year imprisonment

Count 6 - 12 years imprisonment, all concurrent

i.e. 12 years in all

On count 8 - unlawful entry - I order no separate penalty.

Finally, I feel I should point to two additional matters that have come from the case.

One is the conspicuous bravery of Mr. John Soengslaeng in pleading to obtain the release of his fellows with no concern for his own safety.

The other is that the evidence showed the effectiveness of the few police officers in the Shortlands. Had they not made their presence so obviously felt, the raid would not have been necessary. It is clear they are maintaining an effective presence and it is equally clear from the evidence in the case that it is personified in the officer commanding Korovou - Aloysius Ora.

F.G.R. WARD
CHIEF JUSTICE