Regina v Sale [2011] SBMC 1; Criminal Case 1158 of 2009 (27 January 2011)

IN THE CENTRAL MAGISTRATES COURT

Criminal Case no. 1158/2009

REGINA

V

JOHN SALE

Pros: PC Metope
Def: Solomon Kalu
Date of Hearing: 17/11/10 & 25th & 26th
January 2011
Date of Judgment: 27/1/11

JUDGMENT

(1) The defendant is charged with 2 counts under the Liquor Act Cap 144. He pleaded guilty to the charge of selling liquor without licence and this has already been dealt with. The charge of Restriction of making liquor - proceeded to trial.

The charge read as follows:

STATEMENT OF OFFENCE

Restriction on making liquor – contrary to section 50 (2) Liquor Act.

PARTICULARS OF OFFENCE

That John Sale of Saua Village, North Malaita, Malaita Province at Honiara in the Guadalcanal Province on 4th day of November 2009, without the written approval of the responsible Minister did have on his premises utensil used for brewing liquor.

(2) The defendant was arrested for selling liquor without licence and upon information provided to the police the house that he resided in was raided and the police retrieve some containers, and utensil for making kwaso (liquor).

(3) At the time the search was carried out the defendant was in police custody and the house was vacant.

(4) After the search the defendant was interviewed by police, and he denied being in possession of the utensils found in the house and told the police that the containers belongs to Judah.

(5) There is a conflict between the evidence of PC Leslie Tohomarau and Sgt Chris Laekalia with respect to the place from where the utensils and other items were seized. PC Leslie said that when they searched the house he found 4 x 20 litre container used for fermenting liquor, 1 x 25 litre container, 4.5 kg gas cylinder and a coil of brass used for making liquor. He said that the house had 2 bedrooms and he was quite adamant that all the items were found in one of the bed rooms, whereas Sgt Chris said as they entered the house he saw one 4.5kg gas cylinder and containers underneath the floor of the house. Later on in his cross-examination he admitted that the items were found in only room of the house. There was only gas cylinder found as PC Leslie said it was found inside one of the bedrooms whereas Sgt Chris a gas cylinder was found underneath the house, perhaps, Sgt Chris is mistaken.

(6) It is not in dispute that the defendant had other people living in the house. He said that Judah was occupying one room whereas he occupied the other. Sgt Chris was unable to say as to how many people were living in the house and no one wanted to volunteer that information, but he said that according to his informant the defendant and others were living like relatives, as wantok. The defendant's evidence is that he only rented one room from the landlord's house whereas the other room was rented by Judah.
(7) PC Leslie was unable to say as to which room was occupied by the defendant and he said that the room in which the utensils were found belonged to the defendant and he said that his source of information was Sgt Chris. Sgt Chris said that he had no personal knowledge of who occupied each room.

(8) The defendant is charged under S.50(2) of the Liquor Act and it reads:

"A person who, without the written approval of the Minister –

(b) has on his premises or in his possession or custody any still, still-head, worm, machinery implement or utensil used or intended to be used for brewing or distilling liquor"

The word premises could mean a house, or a part thereof for example a bedroom or caravan, a hut, on any kind of dwelling structure.

(9) In this case it is not in dispute that had the defendant was occupying one room whilst Judah occupied the other. I hold that the defendant's room - comes within the definition of the word "his premises" as stated in S.50 (2) (a) of the Liquor Act.

(10) There is no evidence as to which room was occupied by whom. In the circumstances I find that the prosecution has failed to prove that the utensils were found on the defendant's premises and the defendant is therefore acquitted of the charge.

Shafi Khan
Principal Magistrate