just posted in solomon star

THE High Court was asked yesterday to reject the sworn witness statement of an employee of Japanese mining firm Sumitomo Ltd.

Sumitomo lawyer John Sullivan QC tendered the statement of Sumo Kudo in the High Court hearing of the case between the Japanese firm and Axiom KB of Australia.

Sumitomo filed the case against Axiom, Solomon Islands government, and Isabel landowners.

This was after the Minister of Mines and Energy’s cancellation of its preliminary Letter of Intent for nickel prospecting in Isabel Province in 2010 and instead awarded it to Axiom.

Sumitomo claimed that the processes Axiom took to obtain its licence and register in Solomon Islands was improper.

The hearing, which started late last year, resumed last week after it was adjourned before Christmas.

Mr Kudo, who was based at Sumitomo’s office in Tokyo, was flown in to give evidence.

But Axiom lawyer Richard Lilley QC asked Justice John Brown not to admit Mr Kudo’s statement, saying they were based on hearsay.

“They were not original evidence,” Mr Lilley QC told the court.

“The evidence can’t bring any facts to the case. They were based on what others say or emails sent to him.

“My learned friend must show reason why it’s in the interest of justice that the evidence should be admitted.


“There’s nothing in the statement that made it admissible,” Mr Lilley QC said.

But Sumitomo lawyer Mr Sullivan QC said the statement was not based on hearsay.

“These are direct evidence or explanation or factual matters that lead to decisions being made,” Mr Sullivan QC said.

Justice Brown, who was brought in specifically to hear the case, will make his ruling on the arguments today.

Meanwhile, former Sumitomo director Ichiro Abe, who has been giving evidence since the start of the trial, completed his evidence yesterday morning.
LINK HERE: http://www.solomonstarnews.com/news/national/22000-court-asked-to-reject-evidence