Public Prosecutor v Soksok [2001] VUSC 23; Criminal Case No 040 of 1999 (19 March 2001)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

HELD AT LAKATORO, MALEKULA

(Criminal Jurisdiction)

Criminal Case No.40 of 1999

BETWEEN:

PUBLIC PROSECUTOR

AND:

CHANNEL SOKSOK

PAUL BERNARD

JEAN LAURENT EVONG

PAUL BATICK AKONE

PATRICK MARKOTH

KENNY LOCKVARO

Hearing Date: 19^th March, 2001 at 2 p.m.

Coram: Mr Justice Oliver A. Saksak

Ms Kayleen Tavoa for Public Prosecutor

JUDGEMENT

This case appears for mention today. The Defendants are not in Court and it appears to me that they have not been notified about today’s hearing.

In any event Ms Tavoa informs the Court that the relatives of the Complainant have expressed their desire that the case be terminated and the parties be encouraged to reconcile in custom in accordance with section 118 of the Criminal Procedure Code Act [CAP.136]. It reads:-

“Notwithstanding the provisions of this Code or any other law, the Supreme Court and the Magistrate’s Court in criminal causes promote reconciliation and encourage and facilitate the settlement in an amicable way, according to custom or otherwise, of any proceedings for an offence of a personal or private nature punishable by imprisonment for less than 7 years or by a fine only, on terms of payment of compensation or other terms approved by such Court, and may thereupon order the proceedings to be stayed or terminated.”

The Accuseds are charged with rape with carries a penalty of life imprisonment. Clearly it is not appropriate for the Court to apply section 118 of the Code.

As an alternative, Ms Tavoa applies to enter a nolle prosequi under section 29 of the Code. Accordingly the Court enters a nolle prosequi against each of the six accused persons and dismisses the charge of rape against each and every accused. All the accused are accordingly discharged.

DATED at Lakatoro this 19^th day of March, 2001.

BY THE COURT

OLIVER A. SAKSAK

Judge