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Director of Public Prosecution v Bobongi [2024] SBHC 176; HCSI-CRC 343 of 2018 (1 February 2024)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CRIMINAL JURISDICTION

Criminal Case No. 343 of 2018

DIRECTOR OF PUBLIC PROSECUTION
Applicant

AND:

PHILIP BOBONGI
Defendant

Date of Ruling: 1 February 2024

DPP for the Applicant

RULING ON CONSIFICATION & PECUNIARY ORDERS

Maina PJ:

1. This is an application for confiscation and pecuniary orders by Director of Public Prosecution (DPP under section 28 (1) (a) and (b) of the Money Laundering and Proceed of Crime Act. The Defendant Mr. Philip Bobongi was convicted by the court in the Criminal Case HC-SRC 519 of 2010 on 2 counts of Larceny and Embezzlement and 37 counts of Money Laundering.
2. There are properties, money recovered or relate to the offences, and the DPP come to court seeking for confiscation and pecuniary penalty orders to the state and Central Bank of Solomon Islands.

Background

3. The Defendant Mr. Philip Bobongi was an employee of the Central Bank of Solomon Islands when he committed the offences. He was brought to the court, convicted on 2 counts of Larceny and Embezzlement and 37 counts of Money Laundering on 11 June 2015, and later sentenced to imprisonment for the offences.
4. The evidences adduced to the court on the charges which the Defendant was convicted on by the court includes some money and properties.
5. The properties are a Makita Saw (bade and plane), television screen, a Laptop, 4 boxes of nails a distilled water cooler, BBQ store, 2 ton Isuzu (Reg no. AB4407) and Toyota Collar (Reg no. AB5762)
6. The funds are $180, 742.47 held in the BSP bank under account no. 01-114218-8001 in the name of defendant and $104, 354.88 with BSP bank account no. 01-251253-8001 in the name of the defendant’s wife Ethel Bobongi.
7. The sum of $200,000.00 cash in custody of the High Court Registry.

Analysis

8. The defendant was convicted on serious crime under section 28 (1) (a) and (b) of the Money Laundering and Proceed of Crime Act. This provision provides that the DPP after the conviction of the defendant may apply to the Court for one or both of the confiscation orders.
9. These properties are both tainted and pecuniary properties and the DPP applied for both confiscation and pecuniary penalty orders against the person in respect of benefits derived by the person from the commission of the offences.
10. These properties are now subject for the order of the court of the Government and the Central of Solomon Islands to retrieves them.
11. Upon reading the application of the DPP and the sworn-statement by Staff Sergeant Joseph Siapu of the investigation section of the Royal Solomon Islands Police, I am satisfied that the defendant was convicted for the offences of Larceny and Embezzlement under the Money Laundering and Proceed of Crime Act and he was sentenced to a total of 9 years imprisonment.
12. The money and properties sought by the DPP with the orders were derived by the defendant from the commission of the offences.
13. Therefore, the confiscation and pecuniary penalty orders sought by the DPP is granted.

Orders of the Court

(i) The confiscation and pecuniary penalty orders is granted.
(ii) The properties and the sum of money in the ANZ bank to be confiscate and or retrieve to the Government of Solomon Islands.
(iii) The Registrar of High Court to sell the 2 ton Izuzu vehicle (Reg. no AB4407) and Toyota Collar vehicle (Reg. no AB5762)
(iv) The sum $200,000.00 cash in custody of Registrar of High Court at the High Court Registry to be return to the Central Bank of Solomon Islands.
(v) No further orders

THE COURT
Hon. Justice Leonard R Maina
Puisne Judge