Tabigerian v Public Prosecutor [2018] VUCA 8; Criminal Appeal Case 1658 of 2017 (16 April 2018)

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

Criminal Appeal
Case No. 17/1658 CoA/CRMA

BETWEEN:	MARCEL TABIGERIAN
	Appellant
AND:	PUBLIC PROSECUTOR
	Respondent

Coram: Hon. Chief Justice Vincent Lunabek

Hon. Justice John von Doussa

Hon. Justice Raynor Asher

Hon. Justice Oliver Saksak

Hon. Justice Dudley Aru

Hon. Justice David Chetwynd

Hon. Justice Gus Andrée Wiltens

Counsel: Mr. N. Morrison for the Appellant

Mr. J. Naigulevu for the Respondent

Date of Hearing: 16^th April 2018

ORDERS

1. This matter was recalled before a differently constituted Court of Appeal today. The court was informed that the appellant is still in goal in Santo. The Orders of this Court dated 20 February 2018 directing the Department of Correctional Services to transfer the appellant to Port Vila not later than the date of commencement of the April 2018 session on Monday 16 April 2018 had not been complied with. It is therefore necessary that this appeal be adjourned once again.
   
2. The appeal is adjourned to the July session of the Court of Appeal commencing on 9^th July 2018.
   
3. Order directing the Department of Correctional Services to transfer the appellant to Port Vila not later than Thursday 31 May 2018 and to hold him in Port Vila until the conclusion of the July 2018 session of the Court of Appeal which ends on 20^th July 2018.
   
4. Matter referred back to the directions judge in the Supreme Court to consider any procedural issue that may arise in the meantime.
   

DATED at Port Vila, this 16^th day of April, 2018.

BY THE COURT

Hon. Vincent LUNABEK
Chief Justice.