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Solomon Islands Judiciary Annual Reports

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2009 Annual Report

 

NATIONAL JUDICIARY

 

1. Functions of the National Judiciary

 

The Judiciary preside in the Courts of Solomon Islands. The Judiciary is the third arm of Government, its Independence guaranteed by the Constitution. Its role is to uphold the Rule of Law by resolving disputes between citizens, the other arms of Government (the Legislature and the Executive) and in conducting criminal trials. The High Court has unlimited original civil and criminal jurisdiction and the Court of Appeal  a more limited appellate jurisdiction governed by statute and established under Chapter VII, Part II of the National Constitution .

 

The Court of Appeal has a civil jurisdiction to hear appeals as of right or, in certain circumstances, with leave .  It hears appeals from decisions of Judges of the High Court. In its criminal jurisdiction, the Court of Appeal hears appeals from decisions to convict or acquit at trial either as of right or by way of leave.  It also has jurisdiction to hear appeals lodged by ‘any party’ on any ground (excluding severity of sentence) involving only a question of law.

 

The High Court has an unlimited original civil and criminal jurisdiction. It hears appeals from  civil judgments, rulings, orders and decisions of Magistrates' Courts and quasi-judicial Tribunals. The Court also hears matters that have been granted special leave, appeals from the Customary Land Appeal Court and appeals as of right or cases stated in its criminal jurisdiction.

The establishment and functions of the Magistrates’ Court are provided by the Magistrates’ Court Amendment Act 2007. That Act provides for a single Magistrates’ Court to be organized into administrative districts which operations are under the supervision of the Office of the Chief Magistrate. This is a court of limited summary jurisdiction and can deal with civil disputes to $50,000 (or $100,000 where the parties agree) and criminal matters where a maximum penalty of up to 5 years imprisonment can be imposed. 

 

Local Courts, established under the Local Courts Act (Cap. 19), have jurisdiction to deal with minor criminal offences that are limited to not more than 6 months imprisonment or a fine of not more than $200, civil disputes where not more than $1000 is claimed in money and customary land disputes limited to any prescribed case under the Land and Titles Act regardless of the amount in dispute.

 

Established under Section 255 of the Land and Titles Act (Cap. 133), the Customary Land Appeal Courts are closely related to the Local Courts.  Magistrates currently exercise the jurisdiction of this Court, sitting as a member and acting as the clerk to the Court. The Customary Land Appeal Court hears appeals from the Local Court on matters relating to customary land.

 

 

Provide Judicial Services

 

§ Ensure accessible and timely judicial and court services

§ Deliver impartial, fair decision within a reasonable timeframe

 

Community Responsiveness

§ Ensure that public are aware of judicial and court services

§ Contribute to forums to ensure access to justice is fair and just

 

 

 

2. Staffing and Organisation

 

The Judiciary is organised under the leadership of the Chief Justice, who exercises a level of direct administrative control over all courts. The High Court is constituted by the Chief Justice and Puisne Judges. The Registrar of the High Court is responsible for the administration of case management in the High Court and Court of Appeal and statutory functions as set out in legislation. The posts of Deputy Registrar and Sheriff report to the Registrar and assist with the management of Registry and Sheriff’s staff and office.

 

The Chief Magistrate is responsible to the Chief Justice for the efficient functioning and operation of the Magistrate Courts, Customary Land Appeal Courts and Local Courts. The Deputy Chief Magistrate reports to the Chief Magistrate and assists with the management of staff and office primarily for the Central Magistrates’ Court in Honiara.

 

The Chief Executive Officer is responsible for managing support services, including human resources, finance, infrastructure, transcription, interpreting and library, for the National Judiciary and is responsible to the Chief Justice, Registrar and Chief Magistrate. The posts of Chief Accountant and Chief Administration Officer (Human Resource Manager) report to the CEO and assist with the management of staff and functions within support services.

 

The operations of the National Judiciary are co-ordinated by an Executive Management Team (EMT) comprising  the Chief Justice, Registrar, Chief Magistrate, CEO, Deputy Registrar, Deputy Chief Magistrate and the Chief Accountant. Various sub-committees operate to assist the EMT.

 

Within the Magistrates’ Court, the determination of policy and guidelines is vested in the Court Management Group (CMG), which meets monthly and comprises the Chief Magistrate (Chairperson), Deputy Chief Magistrate, a Principal Magistrate, Courts Administrator and the National Local Court Officer in addition to co-opt members as required. The CMG reports to the EMT through the Chief Magistrate.

 

  

 

Text Box: Dual reporting line

 

 

 

Staffing as at 31st December 2009

 

Grade

No of Positions

Occupancy

Total  Staff

(Persons)

Established posts

Non established

Total

Male

Female

Vacant

SS5

7

 

7

6

 

1

6

SS2

3

 

3

3

 

1

2

SS1

2

      

2

2

 

0

2

12/13

9

    

9

3

1

5

4

11/12

1

 

1

0

 

1

0

10/11

8

 

8

3

1

4

4

9/10

15

 

15

6

2

7

8

8/9

11

 

11

2

9

0

11

7/8

11

 

11

4

5

2

9

6/7

19

 

19

9

4

6

13

5/6

16

 

16

4

10

2

14

4/5

26

 

26

6

1

19

7

3/4

5

 

5

2

2

1

4

2

 

44

44

7

12

25

19

TOTAL

133

44

177

57

48

73

103

 

 

Overseas Travel

Attending Officer

Subject

Location

Funded By

Chief Justice

Asia Pacific Judicial Reform Forum

Singapore

SIG

Justice Mwanesalua

The Supreme and Federal Court Judges Forum

Hobart, Tasmania

AUSAID and SIG

Chief Justice & Mr Maina

Regional Mediation Forum

Brisbane, Australia

Federal Court of Australia and SIG

Chief Justice and Justice Faukona

Proceeds of Crime and Money Laundering Workshop for Judges

Brisbane ,Australia

Anti –Money Laundering Assistance Team and SIG

Justice Faukona & Justice Mwanesalua

16th Commonwealth Law Conference

Hong Kong

SIG

Chief Justice

Bulk Interviews for Advisers

Brisbane, Australia

GRM International

Chief Justice and Justice Faukona

18th Pacific Region Judicial Conference

Pape’ete, Tahiti

SIG

Ms. Emma Garo

15th Triennial Conference CMJA

Turks and Caicos Island, Caribbean

UNICEF

Chief Justice

4th International Conference – Organization for Judicial Training

Sydney, Australia

Australian Overseas Aid Authority and SIG

Chief Justice

13th Conference of the Chief Justices of Asia and the Pacific Region

Ho Chi Minh City, Vietnam

SIG

Mr Maina

Senior Provincial Magistrate Annual Conference

Lae, PNG

SIG/PNG

 

Training

Number/Description of attendees

Subject

Location

Funded By

All Magistrates and Court Clerks

Juvenile Justice Training

Honiara

UNICEF

All Magistrates

Mediation Awareness Workshop

Honiara

SIG

Judges and Magistrates

Evidence Act training

Honiara

 

 

3. Report on Activities and Achievements

 

 

Corporate and Strategy

 

In 2009 the National Judiciary continued its implementation of the Corporate Plan for 2008 -2014. The Corporate Plan identified key result areas and, together with a comprehensive Work plan,  provided a road-map for the Judiciary’s strategic development and future planning. The National Judiciary Executive Management Team, established in 2008 to spearhead the progress of the Judiciary, drive positive change and identify and implement development opportunities, continues to meet on a regular basis, chaired by the Chief Justice. Also this year the National Judiciary Self Administration Committee was established. A number of other objectives were achieved in relation to the Corporate Plan.

 

Court of Appeal

 

In 2009, the Court of Appeal sat twice, once in March and once in July for a total of 19 sitting days. In March it heard a total of 20 matters, ten civil and ten criminal matters. 17 cases were disposed of, 2 cases were adjourned to the next sitting of the Court of Appeal and 1 matter was adjourned generally. In the July sitting, a total of 9 cases were listed and disposed of, those being 5 civil and 4 criminal matters.

 

As at 31 December 2009 there were 10 matters outstanding, all of which were outstanding by request of the parties and not through decisions of the Court.

 

 

High Court

 

A total of 49 criminal matters were committed to the High Court in 2009 and 18 trials were finalized, this includes some matters committed prior to 2009.

 

The High Court received 11 appeals from the Magistrates’ Court and disposed of 4 appeals. In addition, 10 bail applications were made to the Court and 11 were granted, including a bail lodged towards the final few days of 2008.

 

At the end of the 2009 legal year, the Court had finalized a total of 33 tension-related trials since these were commenced in 2005.

 

In addition to its criminal workload, the Court received 493 lodgements during 2009, with 423 of these being civil claims. During which the court finalized 151 cases, some of which include matters lodged prior to 2009 although this does not include the default judgments entered that did not require court hearing.

 

There were no high court circuits undertaken in 2009.

 

National Judiciary remand times

 

As at 31 December 2009, the medium remand time for a person to be on remand pending a criminal trial was 3.4 months. The average time was 5.7 months. This represented an increase in the average time from a little over 4 months in the 2008 financial year.

 

Magistrates Court

 

The table below sets out the total number of lodgements by type filed with the Magistrate Courts, Local Courts and CLAC.

 

Total Criminal lodgements

2290

Total Civil lodgements

512

Total Local Court (Land) lodgements

138

Total CLAC (Appeal) lodgements

54

 

The tables below set out the number of cases lodged and finalized by District

 

Central Magistrates’ Court

 

Item

Magistrates’ Court

Local Court

CLAC

 

Criminal

Civil

Family

Land

Criminal

Civil

 

Reported

1402

295

63

13

nil

nil

11

Cases heard

*

285

22

 

-

-

-

Pending cases

*

10

41

13

-

-

11

Warrant of Arrest

*

-

-

-

-

-

-

Note: In 2009 the Criminal Database was corrupted. Statistics for the items marked “*” were   excluded due to integrity of data.

 

 

 

Malaita Magistrates’ Court

 

Item

Magistrates’ Court

Local Court

CLAC

 

Criminal

Civil

Land

Criminal

Civil

 

Reported

173

18

25

nil

4

6

Cases heard

75

3

4

-

-

-

Pending cases

67

15

21

-

4

6

Warrant of Arrest

31

-

-

-

-

-

 

 

 

 

 

Western Magistrates’ Court

 

 

Item

Magistrates’ Court

Local Court

CLAC

 

Criminal

Civil

Land

Criminal

Civil

 

Reported

510

95

Nil

nil

nil

9

Cases heard

294

28

-

-

-

-

Pending cases

216

67

-

-

-

9

Warrant of Arrest

44

-

-

-

-

-

 

 

 

Eastern (Inner) Magistrates’ Court

 

Item

Magistrates’ Court

Local Court

CLAC

 

Criminal

Civil

Land

Criminal

Civil

 

Reported

115

40

98

-

58

28

Cases heard

73

17

nil

-

-

-

Pending cases

42

23

98

-

58

-

Warrant of Arrest

8

-

-

-

-

-

 

 

Eastern (Outer) Magistrates’ Court

 

Item

Magistrates’ Court

Local Court

CLAC

 

Criminal

Civil

Land

Criminal

Civil

 

Reported

90

1

1

nil

nil

-

Cases heard

34

-

-

-

-

-

Pending cases

57

1

1

-

-

-

Warrant of Arrest

*

-

-

-

-

-

Note: In 2009 the Criminal Database was corrupted. Statistics for the items marked “*” were   excluded due to integrity of data.

 

Further information regarding the Central Magistrates’ Court, Local courts, Customary Land Appeal Courts and Provincial Justice will be tabled when available.

 

 

Inquest/Coronial Matters

 

The jurisdiction on this matter is set out in the Death and Fires Inquiries Act. Magistrates have the power to inquire into reportable deaths and fires. In addition; Magistrates undertake the primary investigation into those deaths where the circumstances appear to be suspicious.

 

The purpose of the inquest jurisdiction is to learn from the circumstances surrounding deaths, fires with a view to reducing the likelihood of these arising again in the future.

 

Information on the number of deaths referred by the Police for an inquest will be provided when available.

 

Sectoral Coordination

 

The National Judiciary attends the Justice Sector Consultative Committee (JSCC) which performs a high-level coordination and policy function within the sector across both criminal and civil law issues. The Chief Justice is the Chairman of this Committee, and the Registrar Chief Magistrate and CEO are members.

 

The CEO also attends Ministry of Justice and Legal Affairs Executive Management Group.

 

Highlights for the 2009 year were:

 

§  Support for the sheriff’s office by way of a short term advisor

§  Work plans produced for the Magistrates Court

§  Court of Appeal sittings were successful

§  The ICT working group was established and the Terms of Reference approved by the EMT

§  Records management training was provided to 5 administrative staff

§  The National Judiciary Executive Management Team continued to meet and provide a forum for decision making for the National judiciary

§  The national Judiciary Self Administration Committee was established

 

4. Financial Information- National Judiciary

 

 

2009

Budget Performance and Composition of Expenditure

Final Expenditure Budget ($)

Actual Expenditure ($)

Variance

Comment

Personnel Costs

6,867,509

 

 

 

Operating Costs

7,467,556

5,128,158.79

+2,339,397.21

 

Totals

14,335,065

 

 

 

 

 

 

5. Conclusion

 

Part of the National Judiciary’s mission statement is to make justice accessible to all. During 2009, the National Judiciary continued to make progress in establishing such a system of justice.

 

There were some difficulties in relation to Court circuits, which had to be cancelled for various reasons. However, a strong commitment to circuits by the High Court and Magistrates’ Court during 2009 has resulted in a plan to ensure circuits take place being adopted.

 

It is acknowledged the administration of justice and the maintenance of the rule of law will get even more challenging in 2010, given the rapidly increasing population of the Solomon Islands and the difficult financial times predicted. The National judiciary remains dedicated to rising to this challenge, strengthening its resources and its capacity to respond to the increasing demand for its services.

 


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