Regina v Suraihou [1993] SBHC 5; HC-CRC 032 of 1992 (20 January 1993)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 33 of 1992

REGINA

-v-

EPHREM SURAIHOU

High Court of Solomon Islands
(Muria ACJ)

Hearing: 20 January 1993
Judgment:

SENTENCE

You have been fund guilty after a full trial. I do not count it against you the fact you had pleaded Not Guilty. In fact by your plea of not Guilty, the Court was able to see more clearly the whole picture of the incident.

In law you are a principal offender, just as your co-accused. The evidence clearly shows, however, that you had been hired into committing. these offences and having been so taken in, you were willing to continue you activities hoping for a profitable result at the end.

Had it not for the commendable actions taken by the special constable concerned in holding the plane and notifying the police, your co-accused and perhaps yourself would have earned substantial profits from your unlawful purpose.

I do hope that the special constable who was responsible for initially preventing the smuggling from being completed by you and your co-accused, be given due recognition for his commendable action.

You were really facilitating a scheme initiated by your co-accused. In your evidence you said the exportation of the birds would not work. But you stuck by the arrangement you had made with your co-accused. You should have resisted the temptation and opted out. You knew you were breaking the law of your country to enable your co-accused to make big money and hoping you would be rewarded with some benefit. That is greed and a selfish act to your fellow citizens of this country. Those birds are not yours alone. They belong to you, your people and this country. That is why the law protects them.

You owe a duty to each and every citizen of this country to respect their birth rights and not to flout it for the unjust enrichment of other people who are not entitled to them.

I accept you are very inexperience when dealing with international businessmen. I am sure you realise what the consequences are when your inexperience is allowed to be used by others.

I have taken all that your counsel had said, ably, on your behalf. I feel there is room to justify my treating you differently from your co-accused - not because you are a Solomon Islander but because of the part you played in the Commission of the offence.

In the circumstances, I feel the appropriate sentences are as follows:

[Accused Stand]

Count 5 - to pay a penalty of $ 200.00

Count 6 - to pay a penalty of $ 200.00

Count 8 - to pay a penalty of $1,000.00

Count 9 - to pay a penalty of $1,000.00

Count 10 - to pay a penalty of $1,000.00

Total $3,400.00

Payable by 4 p.m. - 9/11/92

i/d 12 months imps.

(G.J.B. Muria)
CHIEF JUSTICE