Regina v Chanel [2016] SBHC 40; HCSI-CRC 29 of 2016 (22 March 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
Criminal Jurisdiction
CRC No. 29 of 2016

Regina

v.

Peter Chanel

Date of hearing: 15 March 2016
Date of Judgment: 22 March 2016

Mr Dalipanda for the Crown/Respondent
Mr. Waleilia for the Accused /applicant

RULING ON APPLICATION TO STAY CRIMINAL PROCEEDING

Kouhota PJ:

This is an application for temporary stay of proceeding. The application was filed following a decision of the Magistrate Court against an application by the accused, Peter Chanel, to have a criminal charge against him dismissed on the basis that the proceeding were instituted in a wrong form, is misleading and an abuse of the court process. That application was dismissed and the trial continued, completed and adjourned for judgment or ruling on the evidence.

An appeal against the Magistrate’s ruling to dismiss the application has been filed earlier with the High Court and is still pending hearing. This application is on the same issue and based on the same ruling.

This matter came before the Court on the 15^th March 2016 and after brief submission by counsel on some preliminary issues, I adjourn this matter to consider if the Court should proceed to hear this matter or make direction.

My view is, this is a simple application which should have been made together with the filing of the appeal. I also gather from the brief submission by counsels that the Magistrate after trial has reserved her ruling until the appeal filed against her ruling is determine by the High Court. No Magistrate would risk being scorned to continue deal with any matter if he or she is aware that an appeal on a matter is pending before the High Court. In view of this, while I see nothing wrong with this application, I do not see why this application is necessary as any orders to temporarily stay the proceeding will make no difference as the Magistrate has already adjourn this matter pending the appeal before this Court before she made her ruling on the evidence. I will, however, allow counsel to consider if there is any merit in perusing the application and leave it to counsel to address the Court on the issue I raised before the Court decide if it should continue to hear the application.

THE COURT

Emanuel Kouhota
PUISNE JUDGE