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Public Prosecutor v Issachar [2003] VUSC 46; Criminal Case No 001 of 2001 (1 August 2003)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

CRIMINAL CASE No. 01 of 2001


PUBLIC PROSECUTOR

-v-

HOLLINGSON ISSACHAR

The Public Prosecutor, Mr. Nicholas Mirou
Mr. Hillary Toa for the defendant

RULING

This is an application by the Public Prosecutor dated 9 June 2003 to have the matter re-listed in the Supreme Court, for the Enforcement of the Court Order issued on 11 February 2002.

The application was re-listed on 15 July 2003.

It was subsequently adjourned and dealt with on 25 July, 31 July 2003 and finally on 1 August 2003.

The Court was urged upon by the prosecution to enforce the Court Orders made by the Supreme Court on 11 February 2002 by Marum J. I set out the Orders for ease of reference.

“I therefore make the following Orders:

1. The defendant is convicted and sentenced to 2 years imprisonment.

2. The two years imprisonment shall not be executed for a period of three months on the following conditions:-

(a) that the defendant shall repay the amount VT511,846 to the South Pentecost Community, through Emile Boule within 3 months from today. If the defendant does not pay the total amount of VT511,846 plus costs that to be ordered, he shall serve his two years imprisonment;

(b) If the defendant pay VT511,846 plus costs that to be ordered, then the defendant’s sentence of two years be suspended for two years on condition that the defendant within the period of two years shall not be convicted of any offence. If he does, then he shall serve his 2 years imprisonment. If he does not then he shall be discharged upon these Orders.

3. ...

Dated at Port-Vila, this 11th day of February 2002

R. Marum MBE
Judge.”

However, by careful reading and perusal of the conditions of suspended custodial sentence of two (2) years, with regard to payment of vatu 511,846 including costs of Vatu 61,200 and in the light of the provisions of the Suspension of Sentence Act [CAP. 67], the Court enquires and questions the lawfulness of the Order 2(a) and 2(b) above.

The Public Prosecutor is, therefore, advised to lodge an appeal against the Court Order of 11 February 2002.

The enforcement of these Orders is stayed pending the outcome of the appeal. Further orders made by this Court orally on 31 July 2003 are also suspended.

Dated at Port-Vila this 1st day of August 2003

BY THE COURT

Vincent LUNABEK
Chief Justice