BY ROMINAH FAKA
Trial into the case against the ministry of environment (MECDM), ministry of fisheries (MFMR) and the police (RSIPF) was completed yesterday.
This civil case was filed in 2016 by the late Dr Baddley Anita, owner of the Solmarine Mammal Breeding Centre.
First defendants are the MECDM and MFMR, and the second defendant is the RSIPF.
The trial was conducted before Judge Augustine Aulanga at High Court, where lawyer for the claimant called one witness, the daughter of late Dr Anita to testify in court.
The Attorney General’s Chamber which represents the first and second defendants called one witness who is the Director of Fisheries.
The lawyer for the claimant claims that the destruction of claimant’s property at Bungana, Gella way back in 2016. The destruction of property was done by the MFMR and police.
The Claimant said that the MFMR and police did not have the legal authority to do the actions of destruction of the claimant’s property. Thus, the Solmarine Mammal Breeding Centre claimed for the damages and destruction the defendants caused to their property on October 29, 2016.
The claimant seeks the court for $31,819,591.03 for the damage the defendants caused to their property in 2016 for raiding and destruction of their dolphin captive breeding facility on Bungana Island, Central province.
The claimant’s claim is for damages caused and other losses. The regulation was declared null and void by the High Court in 2018.
In response to the claimant’s claim the MECDM and MFMR argued that the destruction was authorised by Fisheries (Prohibition of Export of Dolphins) Regulations 2013.
The matter was adjourned to April 17 for oral hearing on the parties’ closing submissions.
Court also directed the claimant’s lawyer to file written submissions with case authorities by March 25 and the defendants’ lawyer to file written submissions by April 5.
The Solmarine Mammal Breeding Centre captive breeding programme was 100 percent indigenously owned and operated, was initiated in 2009/2010 and was fully operational from 2011.
Officers from the MFMR and police in Honiara raided the facility and released 27 dolphins kept in pens by Solmarine.
Late Dr Anita had a licence to operate the facility, which was issued by the Environment Division. Central Province had also issued Dr Anita a licence to operate in the province.
But MFMR authorities said the caging of the live dolphins was against the Fisheries Act.
MFMR’s regulations prohibit any export of dolphins, therefore any person who catches for sale and retain in captivity for sale, exports any live dolphin or operates a dolphin holding facility for the purposes for sale or export, commits an offence and is liable for a fine under this Regulation which is $500,000 or imprisonment for two years or both.
Rano and Company Law firm acts for the claimant and Attorney General’s Chamber acts for the 1st and 2nd defendants.
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