Namoi v Regina [2007] SBHC 75; HCSI-CRC 294 of 2007 (10 August 2007)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 294 of 2007

BETRIS WALE NAMOI, DANIEL MAMUILALO, LUKE BOINAGO AND DAVID KUBOLU

V.

REGINA

(Mwanesalua, J.)

Hearing: 8th and 10th August 2007
Ruling: 10th August 2007

G. Squier for Betris Wale Namoi, Daniel Mamuilalo and Luke Boinago
M. Bird for David Kubolu
R. Iomea for the Crown

RULING

Mwanesalua, J:

1. This is an application for bail. The applicants are Betris Wale Naomi, Daniel Mamuilalo, Luke Boinago and David Kubolu. Betris Wale Naomi was charged with one count of uttering a forged document, whilst Daniel Mamuilalo, Luke Boinago and David Kubolu were each charged with one count of receiving stolen money. They were all charged under the Penal Code (Cap.26).

2. Betris Wale Namoi is the wife of Daniel Mamuilalo. On 20th June 2007, she presented forged Solomon Islands Government cheque No. 16001 in the sum of $560,000.00 to Luke Boinago, a Teller with ANZ Bank, in Honiara. Luke Boinago cashed the cheque and handed $535,000.00 to Betris Wale Namoi, whilst he received $25,000.00. Part of this money is still in his bank account No. 40777117. Daniel Mamuilalo received $40,000.00 and David Kubolu received $24,000.00 of the money taken by Betris Wale Namoi.

The Application was not opposed by Mr. Iomea for the Crown. However, he sought strict bail conditions to be imposed on the applicants. Further, that each applicant must have two sureties.

I will grant bail to the applicants on the following conditions:

1. Betris Wale Namoi and Daniel Mamuilalo are:

- To reside at their house at West Kola Ridge

- To observe a night curfew between 6pm. and 6am.

- To report to Kukum Police Station between 9am. and 4pm. every Friday.

- To refrain from contacting all crown witnesses and other co-accused either directly and/or indirectly.

- To attend the Magistrates Court in Honiara on 14 August 2007 at 9am.

- That Stanley Ulu and Peter Waleloka to stand surety for them in the some of $5,000.00 each.

2. Luke Boinago is:

- To reside at his house at Mbokonavera 4.

- To observe a night curfew between 6pm. and 6am.

- To report to Central Police between 9am. and 4pm. every Friday.

- To refrain from contacting all Crown Witnesses and other co-accused either directly and/or indirectly.

- To attend the Magistrates Court in Honiara on 14th August 2007 at 9am.

- That Samuel Billy and Milton Philips are to stand surety for him in the sum of $5,000.00 each.

3. David Kubolu is:

- To reside at his house at Balasuna, Guadalcanal Province.

- To observe a night curfew between 6pm. and 6am.

- To report to Tetere Police Station between 9am. and 4pm. every Saturday.

- To refrain from contacting Crown Witnesses and co-accused either directly and/or indirectly.

- To attend the Magistrates Court in Honiara on 14th August 2007 at 9am.

- That John Regoa and Thompson Kunia are to stand surety for him in the sum of $5,000.00 each.

I order accordingly.

THE COURT