BY ROMINAH FAKA
The Magistrate Court is scheduled to hear an application for the dismissal of charge or a stay of proceedings in a fraud case involving three defendants on July 9.
The matter will be heard before Principal Magistrate Elma Veenah Rizzu Hilly.
Defendant Chief John Kokoro Clinty, Chief Alosi Jonah Taka and Jerry Madada Pakivai are jointly charged with one count of false pretence, contrary to section 306 (a) of the Penal Code, read together with section 21 of the Penal Code. They pleaded not guilty to the charge.
On Wednesday last week, during the court hearing, defence submitted an application for a bail variation of bail conditions. The application was not contested by Prosecution.
Thus, court granted the bail variation and gave permission for the defendants to travel during the interim period, with the condition that they return by July 8.
In addition, the Pre-Trial-Conference (PTC) documents have been duly signed and filed by respective counsels.
The court will determine whether the matter proceeds to trial proper based on the outcome of the application to stay the proceedings or dismiss the charge.
Police alleged that on July 12, 2022, complainant Johnny Yeh, met with defendants Chief John Kokoro Clinty, Chief Alosi Jonah Taka, and Jerry Madada Pakivai at Coral Sea Resort Hotel to discuss matters related to the development plans for Robroy Island.
The defendants informed the complainant about the latest development concerning the reconciliation process with the Volaikana Soa Tribe.
It was further alleged that the defendants informed the complainant that the reconciliation works are still in progress, as both tribes (Volaikana Soa Tribe and Volaikana Tribe) had yet to reach an agreement on royalty sharing and other important tribal matters.
So, they allegedly needed more time to complete the reconciliation process in the near future.
The defendant requested complainant’s continued support in their reconciliation process, emphasizing its importance to the development of Robroy Island.
Upon hearing this, the complainant agreed and accepted defendants request for continuous financial support for their cause at the meeting.
On July 14, 2022, the defendant invited the complainant to Heritage Park Hotel for a meeting.
During the meeting, the defendants requested an allowance of $1,500 each for the seven chiefs and elders including themselves.
They also attached a letter dated 13 July 2022 address to the complainant company, requesting financial assistance for reconciliation purposes. Complainant upon seeing that, was satisfied and willing to provide support.
The allegations further stated that, at that time, the complainant did not know that a Memorandum of Understanding (MOU) had already been made between the Volaikana Soa Tribe and New Venture on July 8, 2022.
A total of $10,500 was given to the defendants for reconciliation purposes, as requested.
The allegation also stated that the complainant gave $1,500 in cash to defendant Alosi Jonah and another $ 1,500 in cash to Jerry Pakivai in Honiara. The remaining $7,500 was deposited into defendant Kokoro personal BSP bank account on 16 July 2022 by POB, Greenland Enterprise Limited.
On July 18, 2022, the money was transferred to defendant Kokoro’s personal BSP bank account.
Police alleged that the contents of the Memorandum of Understanding (MOU) confirmed that Volaikana Tribe and Volaikana Soa Tribe had completed their reconciliation and both tribes agreed to allow New Venture Limited to conduct Logging Operations on Robroy Island.
The complainant was not happy with what happened and reported the matter to the Fraud Squad at Rove Police Headquarter on February 13, 2025.
The defendants were subsequently arrested and charged and bailed.
Defendant Kokoro Clinty participated in a Record of Interview and denied receiving the $7,500.
Defendant Jonah Taka, during his record of interview, admitted receiving $1,500 but denied meeting with the complainant at Heritage Park Hotel.
Defendant Pakivai in record of interview remained silent when he was questioned about the allegations.
Mr. Lazarus Kwaiga from L&L Lawyers represent defendant Kokoro and Joseph Iroga of Florida International Legal Service represent Pakivai and Taka and Leonard Chite from Bridge Legal and Consultancy firm special prosecutor assigned by Office of Public Prosecution to prosecute the case.
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