The Member of Parliament for North Malaita's two year nine month sentence imposed last year by the High Court has been reduced to one month one day, after being granted a 95 percent remission by the Minister for Police and National Security.
Speaker of Parliament Sir Allan Kemakeza explains that the Minister granted Mr Lusibaea further remission under Section 38 of the Correctional Service Act and Regulation 198 of the Correctional Service Regulation.Sir Allan says this is in addition to a one third remission to the sentence imposed by the High Court, granted under section 37 of the Correctional Services act.
Sir Allan says because the effective sentence is now one month and one day, Mr Lusibaea can still perform functions and responsibilities as a Parliament member as the sentence is less than six months.
The Speakers says under the constitution, an MP is required to vacant his or her seat if the sentence imposed by court is six months or more. "But the situation of Mr Lusibaea has now changed."
Meanwhile, Sir Allan says the Police Minister exercised his powers under relevant laws and that he as the Speaker does not have the legal mandate to decide otherwise.
On the question of whether the Minister had exercised his discretionary power in a lawful manner, Sir Allan says it is a matter for the courts to decide as it is "within their jurisdiction to make a decision on such matters."