Solomon Star news update

Solomon Star News, 1st February 2011.

Lilo: Bodo must know this nation survives on loggers

Minister of finance and Member of Parliament for Gizo/Kolombangara Gordon Darcy Lilo said the revenue this country generates comes from logging.

Speaking to the Solomon Star Mr Lilo said statement made by Bodo Dettke about him and the Prime Minister saying they survive on logging companies is rooted from his own political interest to personally attack others who strive to serve the interest of this nation.

Mr Lilo said that he and the Prime Minister with the whole nation are surviving on logging industry for the time being while working on tourism and agriculture sectors to boost economy of this country.

“These revenue pay for social services provided for this country.

“These social services covers health, education, transport and so forth.

“Bodo must stop this kind of criticisms as it does not speak well of people and issues,” he said.

Lilo said all these issues must be debated properly and not personalizing matters to spoil reputation of others.

He said the shifting of these MPs are just for personal interests that led them to end up in an ambulance which is so ridiculous and embarrassing when heard and seen by the public and foreigners.

Mr Lilo said he supports former Prime Minister MP for east Choiseul to leave aside personal and self interest then focus on real issues of the country.    

He said he is not willing to comment in the media but because of these leaders personalizing issues in the media so he has to respond to them.

Bodo also accused Lilo of staying at Honiara Hotel for about ten years.

However Lilo said that his accommodation is just the same as the other housing entitlement taken by other MPs in the parliament including Bodo himself.

He said that it is sad that our national leaders are talking about personal things to spoil reputation of others which does not reflect someone with quality to lead this nation.

By John Atai

Ete condemn ambulance incident

Former Minister for Forestry and MP for east Honiara Douglas Ete refuted media reports that he was sighted sitting in the national referral hospital (NRH) ambulance on his way to see Martin Magga on Friday night.

Speaking to the local Journalists during a press conference at the Heritage Park Hotel yesterday Mr Ete said that since he work for the National referral hospital in 2008 he never sit inside of the ambulance because he know it has a purpose and that is for emergency cases of sick people.

“For two years when I work for NRH up until the very moment they falsely claim that I sat in the ambulance is a total liar from the government press secretary and I condemn it,” he said.

He said that government and Alfred Sasako are lying to the nation about their made up stories to spoil his leadership status.

He said that in response to their false claim he condemn it and want such leaders to be honest in what they are telling to the public.

By John Atai

Sofu: I'm with the opposition

RESIGNED Minister for Public Service, Stanley Sofu has maintained his allegiance with the Opposition.

Speaking from his sick bed at the National Referral Hospital yesterday, Mr Sofu said he had already resigned.

"At the start of all this political wrangling, I was touring my constituency," he said.

"I did not finish my tour because I was sick and had to recall to seek further medical treatment in Honiara.

"I am not sure of all these articles written about me in the media," Mr Sofu said.

"I am a man of principle and leader of East Kwaio," he said.

Mr Sofu was taken into the Opposition camp after he arrived from Atoifi, Malaita Province on Sunday’s 6pm flight.

Supporters of the Opposition camp intercepted him after the Government side sent four vehicles to pick him up.

His decision to join the Opposition locked the number game with the Government at 24-24.

Two seats were left vacant in the 50 seat Parliament following the death of Baegu Asifola MP, Toswel Kaua and Shortlands MP, Steve Laore last year.

Initially, the Government wanted Sofu to take his oath at Government House yesterday.

According to the Prime Minister’s Press Secretary, Alfred Sasako Government House said Mr Sofu had never resigned.

"The Governor General requested him to take his oath again because he signed the petition."

However, with Mr Sofu maintaining his stand, it seems he will not take his oath.

By EDDIE OSIFELO

Solomon Islands PM says opposition using desperate methods to topple government

Radio New Zealand International News, 31 January 2011

The office of the Prime Minister in Solomon Islands has accused the opposition of using extraordinary and desperate measures to topple the government.

Danny Philip’s coalition has been plagued by a series of defections over the last few weeks.

He’s now called on the police to investigate the actions of opposition MP Douglas Ete.

Press secretary, Alfred Sasako, says the member for East Honiara allegedly used an ambulance to try to smuggle the chairman of the government caucus, Martin Maga, from his home to the opposition camp on Friday night.

“When the police arrived at the scene and opened the ambulance door they saw the member for East Honiara sitting in there in the ambulance. There were no doctors in there. There were no other paramedics. The family members just told the police to get the ambulance moving or it would be stoned.”

Press secretary for the Solomon Islands’ Prime Minister, Alfred Sasako.

Solomon Islands PM says it has two seat majority

The government in Solomon Islands says it has a two seat majority in Parliament despite defections to the opposition last week.

On Friday the opposition lodged a notice for parliament to be recalled for a vote of no-confidence after five ministers crossed the floor.

The opposition says the house is now evenly divided and up to four more MPs are expected to defect in the coming week.

But press secretary to the Prime Minister, Alfred Sasako, says the Danny Philip government still has 25 seats in parliament to the opposition’s 23.

“The Minister of Public Service has not resigned. He is still a cabinet minister. Because he was forced to sign the petition calling on the Governor-General to call parliament, he’s required to re-take his oath of allegiance.”

Alfred Sasako says the minister is expected to retake his oath in the next two days.

Opposition condemns gunshot

[Solomon Star News, MONDAY, 31 JANUARY 2011] - The Opposition has condemned a gun-firing incident against the North West Guadalcanal MP, Heinz Bodo Dettke and the East Honiara MP Douglas Ete on Saturday night.

A man was said to have fired a gun shot in the air from a vehicle between 9pm and 9:30pm outside the ITA workshop opposite Burns Creek where the two parliamentarians were standing.

Opposition Leader, Steve Abana said the unidentified man also swore at Mr Dettke and Mr Ete for switching to the Opposition before the vehicle he was travelling aboard sped off.

Mr Abana said the incident is appalling and bears a negative implication on the Danny Philip-led National Coalition for Reform and Advancement Government.

He said the least the people of Solomon Islands expect of the NCRA Government is to thrive on the ignorance of a few people of certain ethnic groups for political expediency.

Mr Abana said Mr Dettke and Mr Ete resigned from the NCRA Government and joined the Opposition because they have soundly judged that the Danny Philip-led regime is not serving the interest of the nation but rather that of its own and its cronies.

The Opposition Leader meanwhile calls on the police to investigate the incident and the relatives and constituents of the North West Guadalcanal MP and the East Honiara MP not to take the law into their own hands.

Police have been informed of the incident and are now investigating it.

MP SOPAGE DEFENDS HIS RE-JOINING THE GOVERNMENT

[SIBC News, 30 January 2011] - Minister for Lands and Housing, Martin Sopage has defended his move to re-joined the government.

Former Ministers of Fisheries and Forestry had first tendered their resignation to join the opposition followed by Minister of Lands and Housing, Mines and Energy and later the Minister of Police.

However, former Mines Minister, Mark Kemakeza and Martin Sopage revoked their decision and re-joined the government.

Speaking to SIBC news after taking his oath yesterday Mr Sopage said that he resigned because that had been a group decision.

Mr Sopage said after much thinking about the national budget he decided to re-joined the government.

The MP said he has always had respect for the Opposition but unfortunately he has to re-joined the government.

He was with the Opposition for only five days before re-joining the government.

Latest Cabinet defection prompts more calls for Solomons’ leader to go

Radio New Zealand International, 26 January 2011

One of the ministers who’s defected from the Solomon Islands government says the Prime Minister should step down, now a fifth cabinet minister has resigned.

Police Minister James Tora is the latest minister to walk out of the Danny Philip-led government.

That reportedly leaves the government with only 23 MPS, and gives the opposition a majority with 25 MPs.

The former fisheries minister Bodo Dettke, who crossed the floor last week, has confirmed the opposition has sent a signed petition to the Governor General seeking the recall of parliament.

He says Danny Philip should show the country that he is not hungry for power and resign.

“If the law allows a minority government to rule this country well - He should demonstrate that he is also a noble man to step down. I mean it’s not only him, there’s a few other credible members of parliament that I’m sure could also do a good job as prime minister.”

Bodo Dettke

A spokesperson for the Solomon Islands prime minister says Danny Philip still believes he has a majority despite another resignation.

Police Minister James Tora is the latest minister to walk out leaving the government with only 23 MPS, and giving the opposition a majority with 25 MPs.

The Prime Minister’s press secretary, Alfred Sasako says that majority will only be tested if the opposition brings it to a vote when parliament resumes in March.

He says the submission by the opposition asking the governor general to recall parliament early has no legal basis according to advice he has received

“The governor general can only intervene when there is an insurrection like we had during the coup in 2000, so that parliament could pass emergency laws. Whereas now, perhaps there may be a crisis on the political level, but that is not reason to recall parliament.”

Alfred Sasako says James Tora has informed the government he resigned because he owes Bodo Dettke money, and will return to the government once he’s repaid his debt.

But Mr Dettke denies that claim, and allegations made by the Prime Minister that he owes the government millions in tax and failed to deliver on an airfield building project.

Solomon Star News Update

Solomon Star News

27 January 2011

Petition filed

THE Opposition group had filed their petition against Prime Minister Danny Philip to the governor general Sir Frank Kabui Tuesday this week.

Press secretary to Governor General Nigel Maezama confirmed to The Solomon Star that the petition had been received by Sir Frank on Tuesday morning.

Asked what steps, the Governor General would be taking to handle the case Mr Maezama said at this stage it was still unknown.

“We just have to wait and see but as far as I know the ball is in the Prime Minister’s court. “The Prime Minister only have two options and that is to resign (which he is unlikely to do) or call parliament,” he said.

The opposition press secretary Deli Oso confirmed that a total of 25 Member of Parliament (MP) signed the petition.

This included the five ministers who recently resigned and joined the opposition camp.

They are former forestry minister Douglas Ete, former police minister James Tora, former fisheries minister Bodo Dettke, former housing, lands and survey minister Martin Sopage and former public service minister Stanley Sofu.

The Solomon Star understands the petition was to advice the Governor General to intervene and call parliament as ministers have no confidence in the Prime Minister Danny Philip and he do not have the number to rule.

However, based on a court injunction in 2007 filed by then Prime Minister Manasseh Sogavare when he was overthrown by the Sikua government, the court had ruled that only the Prime Minister has the authority to call parliament.

Prime Minister Danny Philip earlier this week said he would never step aside as the government was serious in bringing the country back on its feet.

“Only I can convene parliament. The Governor General doesn't have the power to compel me.

“In certain circumstances where the country is at risk, they have insurrection or the government has definitely become dysfunctional because there's absolutely no one to do the job, yes.

“But under normal circumstances I think the situation is still ok.

 “I have no reason to resign because we have a program. Are you going to push another resolution to extend the resolution that we were passed last year for three months of spending?

“How many times, by electing prime minister, who will be your prime minister? You've got five or ten people in there wanting to be prime ministers,” Prime Minister Philip said.

By DOUGLAS MARAU

Free at last

Former fisheries minister and Member of Parliament for North Malaita Jimmy Lusibaea finally free from his sentences as granted by the Acts and the regulations.

This means he now has the constitutional rights to fully perform his role as an MP.

Speaking to the Solomon Star, the office of the national speaker has confirmed that the case of Lusibaea has been cleared in accordance to the relevant laws that the constitution is abided to.

The office confirms that his effective sentence of one month one day is serving outside of jail under his license to release.

The office said with the case now cleared there should be no public doubts or questions relating to this case as the process is legally binding to the relevant laws of the state which the parliament uphold.

“Nothing is being breached here and nothing was done wrong within the constitution and there should be no public doubts and misperception of this as it is straight forward and constitutionally rightful in the process that we takes to deal with this case”, a lawyer from the speakers office said.

By John Atai

Opposition plans to challenge Lusibaea’s remission

THE opposition is on fire, as the majority of support easily tilts to its side and they vowed to legally pursue the remission granted to Jimmy Lusibaea.

Opposition’s press secretary Deli Oso confirmed that the opposition is seeking legal advice on the matter.

“Yes legal advice is being sought after which, we will challenge the matter in court,” Mrs Oso said.

The Member of Parliament for North Malaita's two year nine month sentence imposed last year by the High Court has been reduced to one month one day, after being granted a 95 percent remission by the minister for police and national security.

The sentence was reduced when he was released on licence on the 14th this month.

Former police minister James Tora granted Mr Lusibaea further remission through powers vested on him under Section 38 of the Correctional Service Act and Regulation 198 of the Correctional Service Regulation.

The remission is in addition to a one third remission to the sentence imposed by the high court, granted to every prisoner under section 37 of the correctional services act.

Speaker of parliament Sir Allan Kemakeza earlier stated that the correctional service act defines effective sentence as the term of imprisonment that a prisoner is to serve after taking into account remission granted under the act, thus it is this effective sentence of one month one day that Mr Lusibaea is released on licence to serve outside prison.

Sir Allan said because the effective sentence is now one month and one day, Mr Lusibaea can still perform functions and responsibilities as a parliament member as the sentence is less than 6 months.

Under the constitution, an mp is required to vacate his or her seat if the sentence imposed by court is six months or more.

Sir Allan said the police minister exercised his powers under relevant laws and that he as the speaker does not have the legal mandate to decide otherwise.

“On the question of whether the minister had exercised his discretionary power in a lawful manner, this is for the courts to decide and that only the courts have jurisdiction to make a decision on such matters,” the speaker said.

By EDNAL PALMER

[Viewpoint from the Speaker of Parliament regarding Jimmy Lusibaea as MP.] 

Can Lusibaea perform his functions as a member of parliament?

Solomon Star View Point, 26 January, 2011

In short, my answer is yes. I will explain why I am of that view.

As the Speaker of Parliament I think that it is only fair to the public that Parliament’s position is made clear and to explain why I hold that position.

To fully understand the issue it is best that we look at the chronological order of events.

Hon. Lusibaea was charged with unlawful wounding and assaulting a police officer in the execution of his duty on 14 February 2007.

These offences were committed on 1 September 2000. He was granted bail on 22 October 2007.

A trial date was set sometime in September 2010. He was put in custody on 16 November 2010 after he entered a plea of guilty on the first day of trial.

The High Court sentenced him to 2 years 9 months, a total of 33 months on both charges.

On December 3 Hon. Lusibaea lodged an appeal against his sentence. It became apparent that the Court of Appeal will not hear his appeal soon so he wrote to my office seeking an extension of 30 days to pursue his appeal (under section 51 (1) of the Constitution).

The sentence handed by the court is more than the 6 months that is required by the Constitution for a MP to vacate his seat.

Hon. Lusibaea was caught by section 51 (1) of the Constitution which states that if a MP is sentenced to a term of imprisonment exceeding 6 months he shall immediately cease to perform his function as a MP and his seat shall become vacant at the expiration of 30 days from the date of sentencing.

Thus, Hon. Lusibaea’s seat would have been vacant on 30 December 2010. However, section 51 (1) has a proviso that allows an MP appealing conviction or sentence to request the Speaker for an extension of time to pursue an appeal.

It was apparent that the Court of Appeal will not sit until sometimes in March. To avoid vacating his seat, therefore, Hon. Lusibaea applied to my office for an extension of time to pursue his appeal.

This was on December 9 2010 before the initial 30 days expired.
I exercised my discretion under section 51 (1) and granted him an extension of 30 days which will expire on 30 January 2011. At that point, therefore, the North Malaita seat was not vacant.

However, Hon. Lusibaea was precluded from performing his function as an MP unless he satisfies any of the grounds set out under section 51 (2) of the Constitution. At that time that was not the case.

I learned from the media that Hon. Lusibaea had been released on licence on January 14 2011. On January 20 2011, I received a letter from Hon. Lusibaea’s lawyer that the Minister of Police, National Security had granted a further 95 % remission to Hon. Lusibaea’s effective sentence. This was the first time that I had been made aware of this and it changed my initial view because the facts have changed. Let me explain myself why this is so.
Under section 37 of the Correctional Service Act every prisoner is granted a one-third remission to the sentence imposed by the court.

Section 38 of the same Act and Regulation 198 of the Correctional Service Regulation gives the Minister power to grant further remission. Thus, one-third remission of 33 months is 11 months.

The balance would then be 22 months. Considering that High Court backdated Hon. Lusibaea’s sentence to 11 March 2010 the 14 2011 is totaled up to 10 months.

When the Minister granted a further 95 % to Hon. Lusibaea’s effective sentence he is left with 1 month 1 day. This is the effective sentence.
The Correctional Service Act defines effective sentence as “the term of imprisonment that a prisoner is to serve, after taking into account remission granted under this Act.”

 Thus, it is this effective sentence (1 month 1 day) that Hon. Lusibaea is released on licence to serve outside prison.

In light of this information I am of the view Hon. Lusibaea no longer falls within the ambit of section 51 (1). The relevant provision of the Constitution now is section 51 (2) which provides, “If at any time before the member vacates his seat he is granted a free pardon or his conviction is set aside or his sentence is reduced to a term of imprisonment of less than six months or a punishment other than imprisonment is substituted, his seat in Parliament shall not become vacant under the provisions of this section, and he may again perform his functions as a member of Parliament.” [My emphasis]

Hon. Lusibaea’s sentence was reduced to a term of imprisonment that is less than 6 months by the Minister under the Correctional Service Act 2007 and Correctional Service Regulation 2008.

Therefore, Hon. Lusibaea’s seat is not vacant and he may again perform his functions as a MP as provided for by the Constitution d unless decided otherwise by the High Court.

I hope this clarifies the Speaker’s position on this matter. On the face of things the Minister has exercised his powers under the relevant laws.

I do not have the legal mandate to decide otherwise. The question of whether the Minister exercised his discretionary power in a lawful manner is for the courts to decide. Only the courts have jurisdiction to make a decision on such matters.

Therefore, as it stands Hon. Lusibaea may again perform his functions as a MP.

I hope this clarifies my position on this matter.

By Sir Allan Kemakeza
Speaker of National Parliament

Solomontimes Online News Update

Solomontimes Online News,
26 January 2011

Opposition Increases Number to 25

The Danny Philip led-government is facing a serious challenge from the Opposition group with the resignation of Police Minister James Tora.

Government House Private Secretary, Nigel Maezama, confirmed yesterday that police minister, James Tora, submitted his resignation letter to the Governor General's Office yesterday afternoon.

Tora's resignation means the Opposition now has 25 MPs, while the Government has 23 MPs.

On the question of what options the Prime Minister has, Mr Maezama says there are two options open for the Prime Minister.

"The Prime Minister may opt to resign if he knows that he does not have the numbers, or call a Parliament meeting so that Parliamentarians go through the budget or a vote of no confidence," said Mr Maezama. 

"But the Opposition should know that the government controls Parliament business...Government House is monitoring the situation closely."

Mr Maezama has also confirmed that the Parliamentary Opposition also submitted a petition to the Government General to summon parliament.

It is understood that the Opposition plans to hold a media conference today to explain the details of the petition it submitted to Government House. 

Despite what appears to be a numerical advantage to the Opposition an insider says it is still a very slim margin. "So it can go either way, despite all the resignations it is still possible for members of the opposition to also cross the floor and join the government."

Lusibaea's Sentence Reduced to One Month

The Member of Parliament for North Malaita's two year nine month sentence imposed last year by the High Court has been reduced to one month one day, after being granted a 95 percent remission by the Minister for Police and National Security.

Speaker of Parliament Sir Allan Kemakeza explains that the Minister granted Mr Lusibaea further remission under Section 38 of the Correctional Service Act and Regulation 198 of the Correctional Service Regulation.

Sir Allan says this is in addition to a one third remission to the sentence imposed by the High Court, granted under section 37 of the Correctional Services act.

Sir Allan says because the effective sentence is now one month and one day, Mr Lusibaea can still perform functions and responsibilities as a Parliament member as the sentence is less than six months. 

The Speakers says under the constitution, an MP is required to vacant his or her seat if the sentence imposed by court is six months or more. "But the situation of Mr Lusibaea has now changed."

Meanwhile, Sir Allan says the Police Minister exercised his powers under relevant laws and that he as the Speaker does not have the legal mandate to decide otherwise.

On the question of whether the Minister had exercised his discretionary power in a lawful manner, Sir Allan says it is a matter for the courts to decide as it is "within their jurisdiction to make a decision on such matters."