DEFENCE lawyer’s application for permanent stay on the case against his client Dr Reginald Aipia was dismissed by the court yesterday.

Defence Lawyer Wilson Rano made the application on previous appearance for permanent stay due to the undue delay into the hearing of the case.

Principal Magistrate Augustine Aulanga in his decision on the stay application said the delay of five months or even 22 months in the present case is not undue or reasonable to warrant a permanent stay of this proceeding.

It is a normal delay in the course of trying to mobilise witnesses who are living in the remote areas of the Malaita Outer Islands. In fact, it is not an extreme delay as it would have been so 10 years ago to render the trial prejudicial to the defendant, Magistrate Aulanga said.

He said the situation encountered can be easily alleviated or remedied by further listing a new trial date on another convenient date and considering the materials submitted for the application unfortunately nothing has been shown to justify him in granting the application.

Therefore he made the following orders that the application for permanent stay of the criminal proceeding against the accused Dr Aipia is dismissed and ordered for relisting of the trial to any nearest date convenient to all parties.

Magistrate Aulanga further added to avoid any more delays the trial will still proceed even if the prosecution witnesses are not available.

The accused Dr Reginald Aipia was initially charged with possession of beche-de-mer for export.

That charge was then amended for one count of catches and retains beche-de-mer, contrary to regulation 13A of the Fisheries (Amendment) regulations 2009 and section 59 of the Fisheries Act 1998 as read together with section 21 of the Penal Code.

The alleged offending took place between August 1 to 6 October 2013 in Lordhowe, Malaita Outer Islands, where he was suspected of catching and storing certain amount of beche-de-mers during a period prohibited for catching, storing or selling of beche-de-mer as declared by the Solomon Islands Government.

The amended charge was laid after the matter was remitted from the High Court for re-trial following a successful appeal by the prosecution against a Magistrate decision in dismissing the matter at an earlier hearing.

From then on a total of six occasions the case was listed for trial but vacated due to transport or shipping difficulty to bring the prosecutions witnesses from the Malaita Outer Islands to Honiara.

The last occasion on February 14 2017, the trial should start but again vacated by the prosecution due to financial constraints encountered by the Royal Solomon Islands Police and the Office of the Director of Public Prosecutions for service of the summons and transporting of the witnesses to Honiara.

Seeing that the trial could not proceed for the sixth time, the defendant applies for permanent stay of the criminal proceeding on the basis of undue delay and prejudice that occurred as a result.

Office of the Director of Public Prosecution appears for the crown.