R v Salovi [2017] SBHC 155; HCSI-CRC 414 of 2009 (10 May 2017)

HIGH COURT OF SOLOMON ISLANDS

Case name:	R v Salovi
Citation:
Date of decision:	10 May 2017
Parties:	Regina v James Salovi
Date of hearing:
Court file number(s):	414 of 2009
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Palmer, CJ
On appeal from:
Order:	(i) Impose four life sentences of imprisonment against the defendant James Salovi for the murder each of the four deceaseds’ Mede Eva, Staison Chaivaka, Don Lee and Inasio Vavo at Gorou, CDC 2Guadalcanal Plains in the Guadalcanal Province. (ii) In view of the fact that there were a group of you involved in the shooting and that the killings all occurred in the same incident, direct that the four life sentences to be served concurrently. (iii) You have a right of appeal against conviction and sentence.
Representation:	Mr. RB Talasasa (Jnr), Director of Public Prosecution and Mr. J Anisi (Jnr) for the Crown Mrs. S Karani and D Kwalai for the Defence
Catchwords:
Words and phrases:
Legislation cited:	Criminal Procedure Code
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No.414 of 2009

REGINA

V

JAMES SALOVI
Accused

Date of Judgment: 10 May 2017
Date of Sentence: 10 May 2017

For the Crown: Mr. R.B Talasasa (Jnr), Director of Public Prosecutions and Mr. J Anisi (Jnr)
For the Defence: Mrs. S Karani and Mr. D Kwalai

SENTENCE

Palmer CJ.

1. There is only one sentence to be imposed. You have been convicted of the most serious offence in our criminal code, which is reflected in the only sentence any Court could impose for murder, being a mandatory life sentence. In this instance however, the case against you is made even more serious by the fact you have been charged not one, but four counts of murder.
2. I have no hesitation whatsoever in imposing those four life sentences forthwith, in the light of the extremely glaring and grievous circumstances of this case, where a pathetically cowardly act by yourself and your cohorts on the most innocent, vulnerable and weakest members (the youngest victim a child of 3 years old) in our community, and at one of their most weakest and vulnerable times in life, being sick and on their way to the clinic for medical treatment and sitting in a moving overloaded vehicle when fired upon. They were not going to fight and neither were they armed. These were sick women and children in the vehicle; how much weaker and vulnerable could you get than being in the position of such victims and being mercilessly shot at.
3. These were members of your very own community, whose family members at some time may have dined with you, dialogued and mingled around with you on a daily or regular basis. They were neither strangers nor enemies, but mere human beings, mortals, made of the very same frail and feeble substance and structure like you, of flesh and blood.
4. You and your cohorts thought it fit and proper to terminate their lives that day without any mercy.
5. Even in a country that is involved in the wake of full scale war, children and women are always singled out and given preference treatment and to be avoided at all costs from being attacked or shot at unless there is justifiable reason. In the circumstances described in this case, there can be no justification whatsoever. It is beyond belief how callous and cruel you could become in such instance and not show mercy.
6. You are hereby sentenced to four life sentences for each of the murders of the four deceaseds.

ORDERS OF THE COURT:

(i) Impose four life sentences of imprisonment against the defendant James Salovi for the murder each of the four deceaseds’ Mede Eva, Staison Chaivaka, Don Lee and Inasio Vavo at Gorou, CDC 2, Guadalcanal Plains in the Guadalcanal Province.
(ii) In view of the fact that there were a group of you involved in the shooting and that the killings all occurred in the same incident, direct that the four life sentences to be served concurrently.
(iii) You have a right of appeal against conviction and sentence.

The Court.