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Public Prosecutor v Wilson [1998] VUSC 90; Criminal Case No 007 of 1997 (16 November 1998)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

HELD AT LUGANVILLE/SANTO

(Criminal Jurisdiction)

Criminal Case No.7 of 1997

PUBLIC PROSEC/span>

-V-

DAVID WILSON AND OTHERS

Coram: Mr Justice Oliver A Saksak

Mr William Falau - Clerk

Counsel: Inspector Wilson D Garae, State Prosecutor for Public Prosecutor

Mr Hillary Toa for the Defendants

ORAL VERDICT ON APPLICATION TO REBUT EVIDENCE<

ctor Garae for the Prosecutions applies for the exercise of the Court's discretion toon to allow the the Prosecution to call Senior Inspector Robert Boe to give evidence in rebuttal.

Mr Toa objects on the grounds that it is not ret to the issues before the Court.

The Court is of the view that the allegations made by the Defendants in their evi alleging police brut brutality is serious and on that basis and in view of section 169 of the Criminal Procedure Code Act [CAP. 136], the application is approved on this condition:-

That this case is adjourned to Thursday 19th Nor at 2 o'clock in the afternoon. On this date should Senior Inspector Robert Boe be not present in Court, the right of the Prosecution shall be absolved and the Court Shall proceed to hear final addresses from Counsel in this matter.

DATED at Luganville this 16th day of November, 1998.

BY THE COURTn>

OLIVER A SAKSAK

Judge of the Supreme Court


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