Jeong Mu Seong v Attorney General [1999] SBHC 150; HCSI-CC 402 of 1999 (10 December 1999)

IN THE HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 402 of 1999

JEONG MU SEONG, PETER BENNETT, SUNITA STENEL

-v-

THE ATTORNEY GENERAL
(Representing the Minister of Agriculture & Fisheries)

High Court of Solomon Islands
(Muria, CJ.)
Civil Case No. 402 of 1999

Hearing: 10 December 1999
Judgment: 10 December 1999

John Katahanas for Plaintiff s
G. Gordon for Defendants

MURIA CJ: I have heard submissions on both sides. There is clearly blame on both sides in this matter. The applicants offered US50, 000 based on the likely penalty the applicants may face if they are found guilty in the circumstances of this case. Ms Gordon suggests that the security figure should be based on s.53 of the Act and that should be value of the vessel SBD2, 250, 000.00 plus value of the catch USD338.463.00 (which roughly is about SBD1, 500,000.00 OR MORE). The total security suggested by the respondent is a figure in excess of SBD3, 000,000.00.

I accepted the considerations suggested by Mr. Katahanas to be taken into account, namely: the likelihood of success, likely penalty to be imposed, the extend of faults on the part of either side value of property and likelihood; of forfeiture of the catch. On the other hand, I must also bear in mind that the resources taken were done so illegally. I also bear in the balance, the fault on the part of the respondent. I cannot loose sight of the fact that if the catch were not sold, they will deteriorate and will be of no use to anybody.

Weighing all that in mind, I feel the offer of USD50, 000 is too low. On the other hand the proposed figure totaling more than SBD3, 000,000.00 is too high. Doing the best I can in the circumstances I feel the reasonable amount of security in this case is one of the value of the catch only and that must be the amount deposed to by Albert Wata i.e. USD338,463.00

In the circumstances I order the vessel No.1 Star to be released only upon payment of security in the sum of USD338, 463.00 into court or on providing a bank guarantee in favour of the Registrar of High Court in the sum of USD338, 463.00.

Each party to bear its own costs of these applicant.

I order the Log Book to be delivered to the Applicants through the Registrar of High Court forthwith.

(Sir John Muria)
CHIEF JUSTICE