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Frank v Public Prosecutor [2000] VUSC 26; Criminal Appeal Case 003 of 2000 (5 June 2000)

 

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Appellate Jurisdiction)

 

Appeal Case No.3 of 2000

 

BETWEEN:

 

APET FRANK

Appellant

 

AND:

 

THE PUBLIC PROSECUTOR

Respondent

 

Coram: Before Justice Oliver A. Saksak

Ms Cynthia Thomas - Clerk

 

Mr Saling N. Stephens for Appellant

Mr Samuel Bule, State Prosecutor for Public Prosecutor

 

DECISION

 

Upon the Respondent conceding that the Appellant-

 

(a)                was not given ample opportunity to prepare his defence and/or seek legal advice;

 

(b)               was not informed of his right to appeal, and

 

(c)                that the learned Magistrate had erred in law and in fact in awarding compensation for lack of respect to a Senior Police Officer which is absolutely a non-criminal matter, the appeal is allowed.

 

The Court Orders as follows:-

 

(1)               That all the Orders of the Court below dated 28^th day of April, 2000 are hereby set aside.

 

(2)               The File be remitted to the Magistrate's Court for a rehearing which has been fixed for Monday 17^th July, 2000 at 08:30 hours in the forenoon.

 

DATED at Luganville this 5^th day of June, 2000.

 

BY THE COURT

 

OLIVER A. SAKSAK

Judge

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