Vohor v Public Prosecutor [2004] VUCA 9; Criminal Appeal Case 05 of 2004 (24 September 2004)

IN THE COURT OF APPEAL OF
THE REPUBLIC OF VANUATU
(Criminal Appeal Jurisdiction)

CRIMINAL APPEAL CASE No. 05 of 2004

BETWEEN:

THE HONOURABLE RIALUTH SERGE VOHOR,
Prime Minister of the Republic of Vanuatu
Appellant

AND:

THE PUBLIC PROSECUTOR
Respondent

Coram: Hon. Vincent Lunabek, Chief Justice
Hon. Daniel Fatiaki, J
Hon. Patrick Treston, J
Hon. Oliver Saksak, J

Counsel: Mr. Ronald Warsal and Mr. Willie Daniel for the Appellant
Mr. John William Timakata and Mr. Abel Kalmet for the Public Prosecutor
Mr. Sampson Endehipa, Attorney General and Mr. Tom Joe Botleng as Amicus Curiae

Date of hearing: 24th September 2004
Date of decision: 24th September 2004

ORAL DECISION

1. Appeal is allowed on the process, on the basis of a breach of the appellant’s constitutional right to protection of the law. All Orders of Bulu, J in Criminal Case No. 33 of 2004 are accordingly quashed including the Bail Conditions imposed. However, the Stay Order dated 17 September 2004 which suspended further proceedings in this matter is made permanent.
   

2. The matter will not be referred back to the Supreme Court because-

(a) We have grave doubts that what was said was a contempt of the Court although we are unanimous that it constituted personal abuse of the Chief Justice;

(b) Even if we were wrong on our assessment of whether the words said are contempt of the Court, nevertheless, we are unanimously of the view that the statement of the Prime Minster in the circumstances, are fully protected by Article 27(1) of the Constitution.

3. Costs are awarded to the appellant to be paid by the respondent to be agreed or taxed.
   

Dated at Port-Vila this 24^th day of September 2004

BY THE COURT

Hon. Vincent LUNABEK, CJ
Hon. Daniel FATIAKI, J
Hon. Patrick TRESTON, J
Hon. Oliver SAKSAK, J