Frank v Public Prosecutor [2000] VUSC 26; Criminal Appeal Case 003 of 2000 (5 June 2000)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Appellate Jurisdiction)

Appeal Case No.3 of 2000

BETWEEN:

APET FRANK

Appellant

AND:

THE PUBLIC PROSECUTOR

Respondent

Coram: Before Justice Oliver A. Saksak

Ms Cynthia Thomas - Clerk

Mr Saling N. Stephens for Appellant

Mr Samuel Bule, State Prosecutor for Public Prosecutor

DECISION

Upon the Respondent conceding that the Appellant-

(a) was not given ample opportunity to prepare his defence and/or seek legal advice;

(b) was not informed of his right to appeal, and

(c) that the learned Magistrate had erred in law and in fact in awarding compensation for lack of respect to a Senior Police Officer which is absolutely a non-criminal matter, the appeal is allowed.

The Court Orders as follows:-

(1) That all the Orders of the Court below dated 28^th day of April, 2000 are hereby set aside.

(2) The File be remitted to the Magistrate's Court for a rehearing which has been fixed for Monday 17^th July, 2000 at 08:30 hours in the forenoon.

DATED at Luganville this 5^th day of June, 2000.

BY THE COURT

OLIVER A. SAKSAK

Judge