SHADRACH'S STATEMENT

Hou and Fanega Threatens Legal Action Against Leadership Code Commission and Solomon Star for Defamation

Stunned and shocked by the headline in Solstar No 5349, Finance Minister, Rick Hou and his Permanent Secretary, Shadrach Fanega are threatening to take legal against the Office of the Leadership Code Commission and the Solomon Star for defamation and damages. 

Mr Hou who is currently on constituency duties has authorized Mr Fanega to formally respond to the article and to pursue legal proceedings against the LCC and Solomon Star on their behalf.

Mr Fanega claimed that the report of the LCC is merely based on a fabrication of lies framed by individuals whose motives are dubious.  As far as they are concerned, at no time and never have they changed the ownership of MV Small Mala and the registration of Small Malaita Shipping Company as their own. Mr Fanega further explained that the matter pertaining to the purchase and ownership of MV Small Mala is a civil case No.377/2012 (Matthew Jerry Hite v Rick Hou, Shadrach Fanega, Matthew Fakaia and Robinson Fugui) before the High Court of Solomon Islands, where, they the defendants continue to maintain that MV Small Mala and the Small Malaita Shipping is owned by all the people of Small Malaita and that Hou and Fanega are shareholders in trust only. The initial registration of the Small Malaita Shipping Company as a private company under the Companies Act (1961) and its re-registration under the Companies Act 2009 had been proper and legal and fully met the requirements of these various Acts and had been agreed by the Small Malaita Shipping Company Board and consistent with the objectives of the Company.  Mr Fanega said, as the case is before the Courts it is not proper for the case to be tried in the media, let alone by the LCC.

In regards to the deliberation and ruling by LCC of their action as leaders, Mr Fanega said that at no time did the Office of the Leadership Code Commission lay any formal charges on them regarding the matter and nor were they provided any opportunity to respond to any of these charges. In this respect, Mr Fanega questioned how could they be found guilty without any charges and without trial.  The action by LCC is unconstitutional. It is unconstitutional for LCC to take an arbitrary action and to be a judge of its own cause. Only the Courts are legal bodies to deal and to pass a judgment.

Mr Fanega further claimed that the negligence and irresponsibility of Solstar in publishing an inaccurate and misleading report by LCC is damaging their credibility and integrity as persons and their families. Moreover, as persons holding positions of trust in government, such irresponsible reporting is tarnishing the credibility and the integrity of the offices they hold.  Solstar as a responsible news agency should have been more sensitive and should have taken the necessary care to double-check the accuracy, authenticity and credibility of the LCC report with them or at least accord them the courtesy and opportunity to provide their side of the story before publishing the report for public consumption.