Regina v Misi [2005] SBHC 176; HCSI-CRC 589 of 2004 (12 April 2005)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case Number 589 of 2004

REGINA

V

DENNIS THANTON MISI, HARRY MAETUA, NELSON TOLO BUSUAKALO

(Palmer CJ)

Date of Hearing: 12th April 2005
Date of Judgement: 12th April 2005

J. Cauchi (Director of Public Prosecutions) for the Prosecution
M. Anders for the Defendants

Palmer CJ.: The defendants, Dennis Thanton Misi, Harry Maetua and Nelson Tolo Busuakalo ("the Defendants") were arrested on or about 5th June 2004 on charges of accessories after the fact of murder and intimidation which charges related to the criminal activities of the fugitive Edmund Sae in the murder of the former Commissioner of Police Sir Frederick Soaki on 10th February 2003, his escape from Rove Prison in spurious circumstances and the killing of a suspect in custody at Auki Police Station when he sprayed it with bullets from an automatic rifle shortly after his escape from Honiara to Malaita. It was alleged these men assisted him to evade Police and capture. They have been in remand since, awaiting their trial in court.

The learned Director of Public Prosecutions has decided this morning to have those charges withdrawn under section 233(2) of the Criminal Procedure Code ("CPC") and substituted with a lesser charge, which was not objected to by Counsel for the Defendants and accepted by the Court.

Those new charges relate to the offence of harbouring an escaped prisoner contrary to section 53(d) of the Prisons Act which carries though a maximum sentence of only six months. The Defendants were arraigned under those new charges and entered guilty pleas. They have been convicted and sentenced each to six months.

In view of the fact though that they have spent more than the maximum term due for that sentence whilst in custody they are to be released at the rising of the court. I so order.

THE COURT