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Tari v Public Prosecutor [1982] VUSC 8; Criminal Case No 011 of 1982 (14 May 1982)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

 

CRIMINAL JURISDICTION

 

Criminal Case No. 11/82

 

BETWEEN:

 

FRED TARI

 

AND:

 

PUBLIC PROSECUTOR

 

Coram: Mr Justice F.G. Cooke, Chief Justice

 

Mr F. Cote, Public Prosecutor.

 

Levi Leana, Assessor.

Abraham Gaua, Assessor.

Miss J. Walsh, Chief Registrar

 

Madame Duch, Interpreter

 

 JUDGMENT

 

The accused in this case was the Headmaster of the Vureas High School. During the year 1981, the accounts at the school revealed a disturbing result so much that Ministry of education sent two accounting officers to the school to carry out an investigation which revealed a cash deficit of cash received and not banked or recorded as spent, amounting to 712, 533 Vatu. The accused was contacted and confessed to taking the sum of 177, 000Vatu.

 

On the 4^th of May 1992, the accused appeared before myself and the assessors in the Supreme Court at Santo.

 

He was charge as follows-

 

1)      That on or about the 13^th day of May 1981 at Luganville Santo did steal a sum of 50, 000 Vatu, the property of Vureas High School, an offence contrary to section 21 of Joint Regulation No. 12 of 1962.

 

2)      That on or about the 17^th day of August 1981 did steal the sum of 8,00 Vatu in which Vureas High School had an interest, an offence contrary to section 125(a) of the Penal Code.

 

3)      That on or about the 24^th of August 1981 at Luganville Santo, did steal the sum of 41,000 Vatu, in which the Vureas High School had a Special interests, an offence contrary to section 125(a) of the Penal Code.

 

4)      That on or about the 21^st day of September 1981, at Luganville Santo, did steal a sum of 36,000 Vatu in which the Vureas High School has a special interests, an offence contrary to section 125(a) of the Penal Code.

 

                 and

 

5)      That on or about the 2^nd day of December 1981, did steal the sum of 42,00 Vatu in which the Vureas High School had a special interests, an offence contrary to section 125 (a) of the Penal Code.

 

The accused pleaded guilty to all the charges and was convicted.

 

The Public Prosecutor Mr F. Coté in outlining the facts stated that in relation to the first charge, the accused took 20,000 Vatu from money supposed to be used for the school and used it for his own purpose. The accused then went to Barclays Bank and cashed the cheque for 30, 000 Vatu from the school funds and used it for his own purpose.

 

Regarding the second charge the accused received 8,000 Vatu for school fees and kept it in his own use.

 

Regarding the third charge the accused received two cheques one for 35,000Vatu and another for 6,000 Vatu, drawn on school account and used for his own purpose.

 

Regarding the fourth charge the accused received two cheques, one for 11,000 Vatu and one for 20,000 Vatu drawn on the school account and kept this for his own use. He arranged false figures to appear in the school record hoping such would go unnoticed.

 

Regarding the fifth charge the accused received a large sum of money some 490,000 Vatu for the school. He kept 42,000 Vatu for himself.

 

The court asked the accused whether he had made any restriction to the amount stolen but the accused stated he had not but could pay 50,000 Vatu forthwith which he did and which the court took into account when considering the sentence.

 

The accused stated that it was his intention to pay all the amount due from him. He stated he had a big copra plantation and a taxi owned by himself and his family.

 

Myself and the assessor considered all the matter in favour of the accused but in view of the large amount missing and even thou the accused pleaded guilty to the amount, a large fine would be appropriate.

 

The sentence imposed by the court was –

 

18 months imprisonment.

 

The balance of 127,000 Vatu to be paid within three months of his release from prison.

 

 If not paid then a further six months in imprisonment in lie thereof.

 

14 May 1982.

 

FREDERICK G. COOKE

CHIEF JUSTICE