Regina v Pome [2011] SBMC 10; Criminal Case 287 of 2011 (24 August 2011)

That Mr Brian Pome of Guadalcanal Police at Aruligo West Guadalcanal, on 15th September 2010 did receive property to wit 2 solar Panels knowing the said property to have been stolen in a way and under circumstances which amounted to a felony.

- According to the evidence of PW2 the defendant approached him by phone and asked him to go to Aruligo to get some of his properties and later in cross-examination PW2 agreed that the defendant asked him to go and get his solar panels.

- It is not very clear whether PW2 knew that the 2 solar panels were stolen, however PW3 knew these to be stolen as he received a report on 13/9/10 and he also visited the place from where it was stolen namely San Isidoro Care Centre.

- PW2 did not mention anything about the defendant and Fox and this other person with them to be drinking alcohol, but PW3 said that all 3 of them were drinking alcohol.

- The defendant did not know about the report of stolen solar panels as he was off sick at that time.

- The 2 solar panels were loaded in the police vehicle by this man and they drove to Honiara and on the way they stopped at Kiraina settlement and the defendant went out and came back with 12 Saratogas and later they drove to the defendant's house at Mbokonavera and this person who got the solar panels from the bush took out the solar panels and put them under the defendant's house.

- The defendant later went into his house and came back and gave $100 each to PW2 and PW3 together with 6 cans of Saratoga each.

- Later that night or in the early hours of 16/9/10 the defendant house was raided by the police at the instigation of PW3 and one solar panel was retrieved by PC Johnson Tautai and taken to the Central Police Station.

- Despite the defendant and PW3 working together in the police force – PW3 did not tell the defendant about the stolen solar panels before going to Aruligo or even after the solar panels were retrieved at Aruligo or even at the time it was unloaded at the defendant's house.

- Neither PW2, PW3 or the defendant know the name of the person who got the solar panels from the bush at Sasa Hill.

- On 2/11/2010 the defendant attended a record of interview conducted by Sgt Ishmael Vunagi at the office of Professional Standards and Internal Investigation.

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Q14:	I will put to you that you have the knowledge about the stealing of the ISIDRO Care Centre's Solar Panels. What can you tell about?

A14:	Me no Save.

Q15:	I will put to you that you did admitted yourself to two Police officers with you that night that you requested them to transport you and your friends to collect your solar panels stolen from the ISIDRO Care Centre. What can you say about this?

A15:	Me no save.

Q16:	I will put to you that these (2) solar panels were not belong to either you or your friends. What can you tell about this?

A16:	Me no Save.

Q17:	I will put to you that you have the knowledge that these (2) solar panels were stolen properties. What can you tell me about this?

A16:	Me no save.

Q18:	I will put to you that knowing these (2) solar panels were stolen properties yet you received them claiming to be yours. What can you tell about this?

A18:	Not true.

Q19:	I will put to you that being a Police Officer by profession why did you have to collect these solar panels during the night. What can you tell about this?

A19:	No comments.

Q20:	I will put to you that you have the knowledge that these solar panels were stolen and yet you believe that these are stolen properties you still keep them at your possession. What can you tell about this?

A20:	Not true

He did not give evidence in court. He made 2 statements dated 13/6/2011 and 20/9/2010 and both statements were tendered by consent as Ex P2 & Ex P3 respectively.

"I went and stood by the door of PC Pome's house and I call out to PC Pome if I could speak with him. PC Pome said, in respond for me to enter into his house. I could see PC Pome as appeared intoxicated with alcohol, also a saratoga with - , standing beside him. As I went into the house and sat down PC Pome asked me, what's the matter and I responded, I was there on official purpose. PC Pome asked what's the official purpose and I reply, the thing he took. He further asks what's the thing and so I reply, the solar panels. From there PC Pome said, it's inside his room, if I could go and get it, but I said it's not proper as I respected his privacy, if he as a police officer could go and get it for me. PC Pome then stood up and went into his room and came out with a solar panels.

I took possession of the solar panel thank PC Pome for his cooperation. I then asked PC Pome again if he could hand over another solar panel as I was told by PC Manehoua, there are two solar panels he saw, offload at his residence that same night, at the evening. PC Pome replied only one solar panel he took from another person whom he does not know his full name.

After sometime of attempting to try to find out more details as to the second solar panel, I realised PC Pome as drunk with alcohol, not proper for me to continue asking question. I then advised PC Pome if he could make a submission as to explain how he took possession of the solar panel, handed to me and if he could help out as to locate the person with the other solar panel."

We left the residence of Mr Pome at Mbokonavera and head to Central Police Station, with the solar panel. At Central Police Station after discussing with PC Thugea and PC Manehoua we decided to leave the solar panel at Central Police Station as for safe keeping and not to take to Henderson Police Post, as one of us PC Pome is suspected for receiving the suspected stolen property."

"This statement is made on the date of 20th September 2010, as related to the recovery of the second solar panel for case file Henderson Police CRBH 181/2010.

On this above mentioned date, at 12.oohr I instructed by Police Inspector, Francis Tuga is the Guadalcanal provincial police crim Investigator to carry out the follow up to try to locate suspects of in possession of the stolen solar panel that was through telephone contact. After receiving the instruction through phone, I rang Police sergeant James Toaki of GP Police CID as to assist me. The same sergeant, accepted to assist. I board Henderson police vehicle Reg. AB1622 and proceed to GP Police office at Randi.

At Ranadi, Sgt James Toaki board the vehicle with me and proceed to White River market, Karaina settlement. We went to Karaina settlement, trying to locate Fox Nadu of Reef Islands, who is suspect to be in possession of the solar panel.

After enquiring to some of the Reef Islander at Karaina, the said person is away. We then left Karaina in that said vehicle to Henderson police post.

At Henderson police post, Police Constable Brian Pome get into the vehicle, as to help out in the search job, for the solar panel. We left Henderson police post and drop off PC Saravagi who was doing the driving and PC Pome is going to take over, to do the driving of the vehicle PC Saravagi was drop off at his residence and we left Henderson Swim area, for Aruligo, to do enquiry to the said solar panel.

The enquiry was carried out at Aruligo areas, as to locate one suspect who was the one believed to have had the solar panels (two) to PC Pome and Fox Nadu, on date of 15th September 2010. This information I obtained from statement of police constable William Manehoua, who were the informer. At Aruligo, the suspect name was given as Allen Raymond, son of the late person who owned the Aruligo Fibre Glass Ltd.

We left Aruligo, after unsuccessfully to locate suspect Allen Raymond, and head back to Henderson. At Henderson at the road the driver passed Kingdom Harvest church area. After sometime enquiring at the Henderson area, a solar panel was recovered from a person at the area. The person was identified to us by Sgt James Toaki and PC Brian Pome, as Fox Nadu. The solar panel was taken into our police vehicle and the person Fox Nadu, was released by Sgt Toaki, to attend to GP Police officer, for statement taking later. We left Henderson area and proceed to GP Police Office, at Ranadi with the solar panel. I was sitting with PC Pome at the co-passenger seat, while Sgt Toaki was at the back cabin of the vehicle with the solar panels."

The learned prosecutor in her submission quite aptly describes the issue in this case as follows in her submission:

"It has also become apparent from the trial that the principal issue is one of knowledge. That is whether the defendant had the knowledge that the solar panels he received were stolen properties belonging to the San Isidro at Aruligo, West Guadalcanal."

"The crucial element in section 306 (1)(a) as it was then now section 313 (1) is " ..... knowing the same to have been stolen or obtained in anyway whatsoever under circumstances which amount to felony or misdemeanour".

"In Archbold Criminal Pleading Evidence and Practice at paragraph 18-165, the learned author described the element of knowledge and belief as follows:

"It is not sufficient to prove that the goods were "handled" in circumstances which would have put a reasonable man on inquiry. A summing-up is defective if in effect it leaves the jury with the impression that suspicious circumstances, irrespective of whether the accused himself appreciated they were suspicious, imposed a duty as a matter of law to act and inquire, and that a failure to do so was to be treated as knowledge or belief: R –v- Grainge (1973) 59 Cr. App. R.3, C.A. The question is a subjective one, and it must be proved that the defendant knew, or believed the goods to be stolen. Suspicion that they were stolen, even coupled with the fact that he shut his eyes to the circumstances, is not enough, although those matters may be taken into account by a jury when deciding whether or not the necessary knowledge or belief existed."

(8) In question 15 of the record of interview it was suggested to the defendant that he admitted to both PW2 & PW3 to take him to Aruligo to collect the solar panels stolen from Isidro Care Centre. The defendant did not know that the solar panels were stolen from Isidro Care Centre nor did he make any admission to PW2 & PW3 nor did either of them give evidence that he made any admissions so I do not know where did Sgt Vunagi get his information from.

(9) The circumstances under which the solar panels were received in this case is very peculiar. It was admittedly obtained from the bush at night and in the presence of 2 police officers and it was loaded in the police vehicle. When Fox Nadu approached the defendant with this other person about the solar panels he suggested that they use a taxi but instead the defendant telephoned PW2 and he was accompanied by PW3 in the police vehicle. If the defendant had the belief that the solar panels were stolen then why would he use the police officers and the police vehicle?

(10) As stated in the case of Regina v Ofai CJ Ward (1990) SHBC 49 – it is stated:

" ..... It is necessary for the prosecution to prove beyond reasonable doubt that the items received were stolen and that, at the time he received them, the accused knew they were stolen."

(11) I am not satisfied that the prosecution has proved that the defendant knew that the solar panels were stolen so the defendant is acquitted of the charge of receiving stolen property.

Q7:	I am going to interview you in relation to your allege involvement in the stealing of the ISIDRO Care Centre's Solar Panels on the 15th day of September 2010 whereby you have involved in receiving (2) two solar panels. Do you understand?

A7:	Yia.

Magistrates Court of Solomon Islands

Regina v Pome [2011] SBMC 10; Criminal Case 287 of 2011 (24 August 2011)