Maluk v Public Prosecutor [2008] VUCA 12; Criminal Appeal Case 9 of 2008 (25 July 2008)

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

CRIMINAL APPEAL CASE No.09 OF 2008

BETWEEN:

SAM MALUK
Appellant

AND:

PUBLIC PROSECUTOR
Respondent

Coram: Justice John von Doussa
Justice Oliver Saksak
Justice Christopher Tuohy
Justice Mark O’Regan

Counsel: Mr Hillary Toa for the appellant
No representation by the respondent

Date of hearing: 21 July 2008

MEMORANDUM

This appeal was listed for hearing on Monday 21st July 2008.

The matter was called for a review before the Chief Justice on 11 July 2008. The Court ordered the appellant to file and serve six copies of Appeal Books by 16th July 2008 which were to include:-

(a) The notice and grounds of appeal;

(b) The judgment of the Supreme Court appealed against;

(c) The submissions in the Supreme Court; and

(d) The submissions and authorities in support of the appeal.

The respondent was required to file and serve response by 17 July 2008.

At 13.45PM on 11th July 2008 the appellant filed a Notice of Appeal. No other documents were filed by the appellant in compliance with the Review Orders making it impossible therefore for the respondent to file submissions in response.

However at 9.44AM on 17 July 2008 Mr Toa filed a Notice to withdraw the appellant’s appeal. That being so there was no need for a formal hearing. The effect of the withdrawal is that the appeal is dismissed.

DATED at Port-Vila this 25th day of July 2008

BY THE COURT

Hon. John von Doussa J
Hon. Oliver Saksak J
Hon. Christopher Tuohy J
Hon. Mark O’Regan J