Here is a thought/opinion for those willing to read/discuss current issues at hand involving Kolosori.
I'm just going to write this as it happened for me. All of my information is to the best of my knowledge.
Current development and timeline for Kolosori.
13th of December - According to the MMERE they have made Axiom KB application for a PL at Kolosori unsuccessful, now I say according to MMERE because Axiom claim they have not been made aware of this.
http://www.axiom-mining.com/irm/PDF/3189_0/ResponsetoASXAwareQuery
18th of December - MB hold an extraordinary meeting to deliberate on KNSI application for PL over K. They recommend a PL to be issued to KNSI in respects to the application for Prospecting License received on the 14th of December. This is a keystone moment cause KNSI can not apply for the Kolosori tenement unless Axiom LOI has been cancelled. According to Axiom they have not been notified by the MMERE of any outcome over the Kolosori PL, until late in the afternoon on the 14th of Decmeber, when Axiom was requested to collect a letter from the MMERE.
Why did it take so long for the MMERE to contact Axiom requesting them to collect the letter?
Why wasn't Axiom contacted before 1700 on the last regular working day of the year, before the MMERE finished for the Christmas holidays, and told our application was unsuccessful in a manner where personnel from Axiom could discuss the application, and if required re apply, pay the application fee, whilst the MMERE was still open for business?
I wonder if they were stalling? and if so why.......?
How was KNSI in a position to immediately apply for the PL for Kolosori? How did they know the Axiom PL for K was cancelled before we did?
(For those unsure of the wording of these licenses, they say "recommend a PL" but really they are saying here is the LOI, until you obtain and successfully submit SAA. Usually it is also attached with an expiration date).
To their credit, well done for been smart enough to put themselves in a legally strong position for what the Solomon Island call 'first in line' application, which gives them absolute rights to be considered first and foremost before any other applicant. But of course that is only relevant if the whole cancellation process was done legally.
19th of December - as announced by Axiom, they have been notified by the MMERE that their application for PL of Kolosori tenement was deemed unsuccessful.
24th of December - MMERE issue KNSI with the LOI for Kolosori.
1st of Feb - MMERE issue KNSI with a PL for Kolosori.
At this point if Axioms PL at Kolosori is cancelled legally, then fair enough, KNSI are the landowners, under torrens title landowners have the ultimate say etc etc. That's probably why the process from LOI to PL was done efficiently and swiftly.
But I have another concern with the dates.........something doesn't add up. Ive been a holder for 8 years and the one thing I know about the Solomon's is nothing and I mean nothing happens over there during the Christmas period.
14th of December the MMERE officially finish for the year and go into caretaker mode for the holiday period.
So who did attend the extraordinary meeting on the 18th of December? Wouldn't the members from the Minerals Board want to return home to their respective provinces to spend Christmas with their families? Who would of had the power to call such a meeting?
The caretaker Minister of mines at that time was The Hon BradleyTovosia.
The following statement is from the - ruling on Claims for Judicial Review in the High Court of Solomon Islands, Civil case number 258 of 2011
http://www.axiom-mining.com/irm/PDF/2061_0/AxiomMiningSolomonIslandsLitigationProceedingsUpdate
Direct quote -
" It would seem the Acting Minister, when granting the prospecting license, was aware if the Cabinets decision cancelling Sumitomo's Award and the earlier Minister's letter of cancellation.
The Acting minister had been approached by Mr. Yorishito Ochi [Ochi] who was the Managing Director of SMMS, the local company formed to carry on prospecting and possibly mining for the Sumitomo group. Ochi was aware of the cancellation and I am asked to infer he brought pressure to bear on the acting Minister to issue the PL, notwithstanding the knowledge in both of the cancellation. I also am asked to infer the approach by Ochi stemmed from his subjective view about the unlawfulness of the former Ministers actions in purporting to cancel the LOI.
Axiom KB commenced to move equipment to a site at Kolosori to prospect for Axiom sought to proceed to prospect in accordance with its prospecting licence. Those acts obviously conflicted with SMMS's prospecting licence given by the Acting Minister .............Tovosia." end quote.
So it would appear from person(s) who are more learned than myself (Court of Appeal Judges) that the Hon. Bradley Tovosia has previously (in 2011) issued another company a Prospecting License for Kolosori incorrectly, in fact they rule he has issued a Prospecting licenses to a company who's LOI was cancelled by the mines board. Make your own dissections, but either way, Bradley was a critical player, and sanctioned a pivotal act, in what was to become the biggest court case in the history of the Solomon Islands.
Now this..............
http://www.axiom-mining.com/irm/PDF/3181_0/IsabelNickelProjectUpdate
Direct quote -
" Axiom has filed applications in the High Court for judicial review of the Solomon Islands Government's decisions concerning Axiom's applications for prospecting licences for both deposits. Axiom had previously applied for prospecting licences over these areas and the Ministry of Mines appear to have failed to present these applications to the Minerals Board for formal consideration" end quote.
Surly it couldn't be the same Minster the Hon. Bradley Tovosia?
Anyway so moving forward or should I say backward, as currently alleged, pending outcome of court case, if the Hon. Bradley Tovosia failed to present our applications for SSj and Jejevo to the Minerals board, could I assume our application for Kolosori met a similar fate? Did The Minister fail to present our application for Kolosori?
Unbelievable............
