Walvilo v Public Prosecutor [2021] VUCA 1; Criminal Appeal Case 3447 of 2020 (9 February 2021)

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

Criminal Appeal Case No. 20/3447 CoA/CRMA

BETWEEN:	JOE WALVILO ZEDRICK WALVILO JOSHUA WALVILO PETER WALVILO NICK WALVILO Appellants
AND:	PUBLIC PROSECUTOR Respondent

Coram: Hon. Chief Justice V. Lunabek
Hon. Justice J. Mansfield

Hon. Justice J. Hansen

Hon. Justice O. Saksak

Hon Justice G. Andrée Wiltens

Hon. Justice D. Aru

Counsel: No appearance by or for the Appellants
Mr. Simcha Blessing for the Respondent

Date of Hearing: 09^th February 2021
Date of Judgment: 09^th February 2021

ORDER

1. Appeal dismissed for failure to comply with directions for preparation of appeal.
   
2. We direct the order dismissing the appeal to lie in Registry and not be sealed for 28 days from today’s date, with the intent that the appeal will then be dismissed unless the appellants in the meantime apply for an order to re-instate the appeal supported by material to explain satisfactorily why they did not comply with the directions for the preparation of the appeal and to show there is a reasonable prospect of success in their proposed appeal.
   
3. This order to be served on the Public Prosecutor (Mr Blessing) who has agreed to serve orders on the appellants, and to confirm to the Registrar when he has done so.
   

DATED at Port Vila this 9^th day of February, 2021.

BY THE COURT

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Hon. Chief Justice
Vincent Lunabek