Public Prosecutor v Charlie [2001] VUSC 61; Criminal Case No 053 of 1997 (27 June 2001)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Criminal Jurisdiction)

Criminal Case No.53 of 1997

PUBLISECUTOR

-V-

JIMMY CHARLIE

Mr. Terry Gardner for the Prosecution

Mr. Hilary Toa for the Defendant

JUDGMENT

class="MsoNoMsoNormal" style="text-align: justify; margin-top: 1; margin-bottom: 1"> This criminal case was outstanding for a long time already and registered as case number 53 of 1997. A warrant of arrest was issued on the 21st of June 1999 and not executed. The case was adjourned for quite a number of times with the last adjournment made on the 31^st May 2001.

Terry Gardner for the Public Prosecutor advances that he informed the PolicPolice Commissioner of the concern of the Court in the police not executing the warrant of arrest and to bring the defendant before the Court. Hilary for the defendant also advances on the 31^st May 2001 that he saw the defendant in Santo and understands that he was teaching at Hog Harbour.

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Terry Gardner tenders the Commissioner’s letf 4^th June 2001 2001 in response to his letter of the 31^st of May 2001. He also advances that the matter was outstanding for quite some times now. Hilary for the defendant advances too that the matter was outstanding for a long time and leave it to the Court.

On the 31^st May 2001 grant the last adjournment to today for the execution of t of the warrant of arrest issued by the court to bring the defendant before the court. Today the defendant still not arrested. I find that the police attitude shows that they have no interest in pursuing this matter further in Court. For these reasons, I will treat the process as that, the Public Prosecutor is not going to proceed on with the matter and amount to offering no evidence and that will be the end of the case.

For these reasons, I will exercise the power under Section 29 of the CPC to discharge the defendant in respect of the charges laid against him and this discharge order amount to an acquittal. The Warrant of Arrest will be of no effect as from today.

R. MARUM MBE

JUDGE.