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R v Ilei [2022] SBHC 35; HCSI-CRC 214 of 2020 (13 May 2022)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 214 of 2020

REGINA

V

RICKSON ILEI

Date of Ruling: 214 of 2020

Ratu O for the Crown
Manebosa R S for the Defence

RULING

Maina PJ:

The Defendant Rickson Ilei has been charged with one count of rape contrary section 139F (1) of the Penal Code (Amendment) Sexual Offences Act 2016, one count of indecent act contrary section 138 (1) of the Penal Code (Amendment) Sexual Offences Act 2016 and one count of Domestic Violence contrary section 4 (a) and section 58 of the Family Protection Act

The trail for this case was fixed to commence 19^th to 23^rd April 2021 however, the Crown was not able to proceed with the trail as they could not locate the complainant to give her evidences.

On the 29^th September 2021, Counsel Manebosa for the Defendant filed an application to stay of the proceeding of the case. The court listed the hearing of the application on 22^nd October 2021 with the direction to provided written submissions to the court.

No submissions by the applicant and respondent were filed in the court.

The principle to stay of proceedings is stated in the case Regina v Tangisi, [2008] SBHC 108; HCSI-CRAC 73 of 2006 Para 13 (2 February 2008), Naqiolevu, J stated:

“13. The Principles to be considered in an application for Stay of Proceedings are well established, and the court has an inherent jurisdiction to stay all proceedings which are frivolous or vexatious, or an abuse of the process of the court”.

It is noted that while waiting for the hearing of the application to stay of proceeding, the Director of the Public Prosecution (DPP) on the 1^st October 2021 filed the nolle prosequi on the three charges.

Noting the application to stay of proceeding the Defendant and the nolle prosequi on the three counts against defendant by the DPP, the charges is now stayed on the nolle prosequi by the DPP and accordingly the defendant is discharged.

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge