Public Prosecutor v Tabi [2001] VUSC 81; Criminal Case No 015 of 2000 (27 July 2001)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Criminal Jurisdiction)

Supreme Court Case No.12000

PUBLIC PROSECUTOR

p class="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> V.

CHANEL TABI

Coram: Before Mr Justice Oliver A. Saksak

Clerk: Ms Cynthia Thomas

Date: 27th July, 2001, 8.30 a.m.

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Counsel: Mr Hillary Toa for the Defendant.

No Appearance by or on behalf of the Public Prosecutor.

JUDGEMENT

Mr Toa applies for orders to dismiss the charges against the defendanthe absence of the Public Prosecutor.

The defendant is charged with four counts of unlawful sexual intercourse contrary to section 97(1) of the Pende Act [CAP.135]. He . He was committed to this Court by the Senior Magistrate Court and remanded in custody as from 22 November 2000. He has constantly been remanded in custody until 3^rd July, 2001 when he was arraigned. He pleaded not-guilty to all four counts of unlawful sexual intercourse.

class="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> On 10^th July Mr Toa made application for bail on behalf of the defendant. The prosecutibjected strenuously and baid bail was refused. The Court was however concerned at the delay in prosecuting this case and therefore decided in the best interest of the case to have the matter listed for trial today 27^th July, 2001. This date is provided for in the order of 10^th July, 2001. Inspector Wilson D. Garae was the Prosecutor that day. There is nothing on File showing the reasons why no prosecutor is available today. That being the case the Court arrives at only one conclusion, that the prosecutions have failed for want of prosecution.

class="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> Article 5 (2)(a) of the Constitution provides that “everyone charith an offence shall have a fair hearing within a rea reasonable time…”

The defendant has been constantly remanded in custody awaiting an opportunity for plea and tror some nine (9) months to s to date since November 2000. That seems to me to be an unreasonable time.

For these reasons, I now dismiss all four (4) counts of unlawfuual intercourse against this defendant. I also order that that the defendant be released forthwith from custody today.

DATED at Luganville this 27^th day of Ju 2001.

BY THE COURT

OLIVER A. SAKSAK

Judge