Director of Solomon Islands Maritime Authority v Malepa [2023] SBHC 90; HCSI-CRC 143 of 2021 (19 May 2023)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Director of Solomon Islands Maritime Authority v Malepa
Citation:
Date of decision:	19 May 2023
Parties:	Director of Solomon Islands Maritime Authority v Joe Malepa, Stephen Waina’ai, Cypriano Ta’amora and Wac Shipping Community Company Limited
Date of hearing:	8 May 2023
Court file number(s):	143 of 2021
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Keniapisia; PJ
On appeal from:
Order:	Court will dismiss the 31 charges laid against the four accused. Court will accordingly acquit Mr Joe Malepa, Mr Stephen Waina’ai, Mr Cypriano Ta’amora and WAC Shipping Community Company Limited from all the 31 charges contained in the amended information filed by DPP on 4/8/2022. Order accordingly
Representation:	Director of SIMA; Mr Nervale Absent with prior notice Defendants Counsel Mr Apaniai
Catchwords:
Words and phrases:
Legislation cited:	Shipping Act 1998
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 143 of 2021

DIRECTOR OF SOLOMON ISLANDS MARITIME AUTHORITY

V

JOE MALEPA, STEPHEN WAINA’AI, CYPRIANO TA’AMORA AND WAC SHIPPING COMMUNITY COMPANY

Date of Hearing: 8 May 2023
Date of Judgment: 19 May 2023

Director of SIMA; Mr Nervale-Absent with prior notice
Defendants-Counsel Mr Apaniai

RULING ON DISMISSAL OF CHARGES

1. In year 2023, I took carriage of this file soon after I was shifted to the criminal bench. The remaining defendants are – Joe Malepa, Stephen Waina’ai, Cypriano Ta’amora and WAC Shipping Company Limited, following an amended information filed on 4/08/2022.
2. The remaining accused/defendants were charged with 31 counts in relation to various offences, under the Shipping Act 1998, for their involvement in the incident that resulted in the death of various people on the 2^nd April 2020, on board M.V Taimareho, when it met rough seas between Guadalcanal and Malaita Provinces.
3. Director of Public Prosecutions (“DPP”), after filing the amended information, withdrew from prosecuting the matter, saying there are issues affecting the way the DPP would advise and prosecute the matter on behalf of SIMA.
4. Court made an unless order perfected on the 27/03/2023, calling upon the Director of SIMA to inform the Court by close of business on 28/04/2023, how he intends to progress with the charges in the amended information, in view of the DPP’s withdrawal. By letter of 13/04/2023, Director of SIMA, Mr Thierry Nervale wrote to the Court, advising that he is withdrawing all the charges. That his office lacks the capacity to prosecute the matter in Court, having failed to secure resources for legal assistance, representation and prosecution in Court.
5. In the same letter, the Director informed the Court of his absence at the mention of the matter this morning via email from his Technical Legal Officer, Mr Joash Bella. At mention this morning, Counsel Apaniai submitted that the charges against all four accused should be dismissed and that they should accordingly be discharged of all the 31 charges.
6. Court will dismiss the 31 charges laid against the four accused. Court will accordingly acquit Mr Joe Malepa, Mr Stephen Waina’ai, Mr Cypriano Ta’amora and WAC Shipping Community Company Limited from all the 31 charges contained in the amended information filed by DPP on 4/8/2022. Order accordingly.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE