Regina v Parton [1987] SBMC 3 (27 August 1987)

IN THE CENTRAL MAGISTRATE'S COURT

REGINA

-v-

BRENNAN PARTON

BEFORE: J.K.R. STANFORD-SMITH P.M.

DATE: 27/8/87

T.K. for DPP
P.T. Tegavoda for Defendants u/s G. Pleas counts 1, 2, 4.
3 withdrawn Acquitted.

FACTS

The defendant arrived on holiday (holiday visa) until Monday 18^th August. Defendant drove a Suzuki with another and went to ITA warehouse, they were met by a security officer and asked why they were there. Defendant said he was there on business, an inspection, and he was a member of the Australian Police, he entered the warehouse and was followed by the security officers. He was asked to leave again which he ignored. He took a piece of reinforcing iron. Later that night he went to the Dontas Offices, having climbed the wall, he broke a glass pane, having ripped the screening, and went in, used the wire to hook the brief case and took it to his Hotel. He then broke it open and removed the contents. He removed the name by cutting it out and went to the Police Station. He was met by security and asked to see a senior officer. An Inspector saw him and he told him he had broken into the offices and removed the brief case. He was taken to the CID Office. Having admitted the taking, he said the case was at his hotel. He went and collected the brief case with a DC. He called into the Marine Office the next morning and spoke with the Chief Marine Officer, Capt. Bowman. He admitted he had broke into the offices the purpose to recover some secrets about the owner of the company. He explained that the owner was wanted by the Police in Australia, he acted upon the instructions of the Minister of Trade and Commerce to recover the papers. Capt. Bowman did not believe him, called Mrs K. Thomas and she identified the briefcase. The contents were family photographs and business cards valued $100 nothing has been recovered.

ANTECEDENTS

1948 Married Child no details of education No checks made in respect of previous convictions.

Philip Tegavoda for defendants:

The facts are agreed. G plea cooperated with the police. He is here on holiday at the request of Danny Philip in respect of shipping matters, holding talks around the Pacific. He broke in as he had met a boy working for Dontas. Dontas was not treating the workers properly wages etc. Informed that the Company was salvaging wreckage at Ranadi. Defendant was angry and that's why. Defendant is prepared to meet the cost of damage. He has never committed an offence in Solomon Islands. Permit expires on Monday. Confirmed on Mondays flight doesn't warrant imprisonment can order a fine.

Adjourned to 1.15 pm for further inquiries:

(a) any previous convictions

(b) investigate any claim re Australian Police

(c) any comments in reply by the Minister

Defendant RIC until 1.15 pm (likely penalty)

T.K.- The defendant was carrying out a private investigation into the affairs of Dontas. The states in Australia have no record of conviction.

Danny Phillip (Sworn) called by Mr. Kama.

Minister of Trade and Commerce I know the defendant. Met him about three or four weeks ago. He came to establish a business. Interested in setting up a tourist resort in the Solomons. He has made a formal application, another man with him has left. To establish a small resort and shipping service. The application has not been investigated. I know Dontas. He spoke about Dontas. The defendant said the Company, Reg. Thomas, was not working or doing his business properly. Propellors and war time wreckage were being exported. I said the Government was concerned in terms of Wartime wreckage and we wish to protect it. I did not tell him to investigate. As far as the Ministry of T & C and Foreign investment are concerned we are only interested in new applications. Investigations would be carried out by the Government. We would not investigate unless we had solid evidence. There is no investigation apart from Chris.

(witness warned that he need not answer questions).

Chris said he was planning to get into Dontas. I didn't believe him. He told me had broken in. The defendant later stopped me and said that Immigration has asked him to leave immediately.

P.T. Tegavoda.

He didn't initially say he was coming to investigate Dontas only to set up business. He said he would break in to Dontas the reason that the company was not treating its workers Solomon Islanders properly and was exporting war relics. As far as our ministry is concerned, we will discuss the application.

Court.

I knew he would break in. In my capacity as a Minister of the Crown. I didn't believe that he would I took no action. I didn't direct him he is a private individual. Before he broke in we requested information about him from the Australian High Commission., nothing has come back. When he came back he told me what he had done. He gave a sketch plan (produced) I handed it to the PS. These were not requested.

P.T. Tegavoda

The defendants said we could not have certain people in this country. We are investigating his recommendations.

P.T. Tegavoda

On evidence of Minister came to make inquiries. Discussions with Minister. No evidence to investigate, Dontas sketch map produced by defendant with aid of an employee. He felt bad about what was happening.

Adjourned to 8.30 am 24.8.87 RIC for sentence serious nature of offence and likely penalty.

24.8.87.

T.K. for DPP.
PT for Defendant.

T.K. no further replies to enquiries.

SENTENCE

The defendant has pleaded guilty to an offence of Burglary, malicious damage and Criminal Trespass, these offences all relate to one incident that occurred on the night and early morning of the 18th/19th August, when he broke into the office of Dontas. The offences in themselves are serious but the defendant and circumstances surrounding the occurrences are strange, perverse and give great cause for concern. The defendant a visitor to the Solomon Islands has made application to set up a resort and shipping service. He was known to the Minister of Trade and Commerce Danny Philip. The defendant has made false representations that he is a member of the Australian Police, that he was instructed by the said Minister to break in and has made serious allegations against the members of a Company here in the Solomons. The defendant is either a complete mad cap 'Walter Mitty' character or a very dangerous agitator, in either case this does not mitigate the seriousness of the offence he has committed. The Solomon Islands is an independent developing country in need of bona fide genuine investors. In recent months, this court has dealt with two such persons who have come into the country but have proceeded to commit serious Criminal offences. The most worrying aspect of these recent cases and this case, has been the defendants apparent sponsorship, introduction, invitation, or involvement with Ministers of the Crown, politicians or elected representatives. The Solomon Islands is established as a Sovereign Democratic State and has declared that all power in the Solomon Islands belong to its people and is exercised on their behalf by the legislature, executive and judiciary established by the Constitution. The responsibility weighs heavy on the elected representatives and the Executive. Their first duty is to the people, to ensure that bona fide businessmen are encouraged to invest here and to screen out the confidence tricksters, trouble makers, and flotsam that comes ashore in small pacific islands. Matters have been stated in Court that should be made subject to immediate investigation by the Serious Crime Squad, the DPP and Leadership CODE Commission, the later in particular, should become more active and ensure full disclosure of interests by all those subject to the code as set out in section 93 of the constitution.

In respect of this defendant, my sentence must reflect the enormity of his actions and be such that any one entering the country with similar intentions does so with the knowledge that the courts will deal with them with severity.

The defendant has pleaded guilty and I give credit for that I am deliberately imposing a minimum custodial sentence that should give the relevant authorities time to pursue, as soon as possible, machinery to repatriate this man.

Burglary 7 days imprisonment + $800 fine.

Malicious Damage - $100 fine.

Criminal Trespass - $100 fine.

Fines payable forthwith from the security held by the COURT.

Compensation of $100 payable to Mrs M. Thomas out of those fines.

J.K.R Stanford-SMITH
Principal Magistrate (Central)

21/8/87

Appeals 14 days explained.