Public Prosecutor v Bouchard [2002] VUSC 56; SC 545-01 (18 February 2002)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

(Criminal Jurisdiction)
Criminal Case No. 545 of 2001
File No. 10 of 2001

PUBLIC PROSECUTOR

V.

PETER BOUCHARD

Coram: Before Mr Justice Oliver A. Saksak in Chambers

Counsel: Mr Daniel Yawha for the Defendant.
No Appearance by or on behalf of the Public Prosecutor.

DECISION

This is a part-heard trial. It was last adjourned on 17^th December 2001 to be continued today. Ms Tavoa was prosecutor at the time. She was required to make arrangement with another State Prosecutor to continue trial.

Today Corporal Tarilenga Wycliff’s letter dated 15^th February 2002 has been referred to me. He informs the court that as he will be away on Ambae on this date that he seeks an adjournment for the trial.

Mr Yawha objects to the application. He submits two reasons –

(a) That the Court has ruled in the judgment dated 17^th December 2001 in Civil Case No.21 of 2001 between Valele Family and James Tura and Others. He refers to page 16 paragraph 2 which reads:

“No writ had been in place prior to the plaintiffs seeking interlocutory Orders by way of a summons and replying on an originating summons. On reflection, it appears to me that there was no basis in granting the interlocutory orders in the first place. The process used was the wrong procedure therefore I must conclude that there was no basis for the grant of the interlocutory Orders in the first place. For this reasons alone the plaintiff’s application by Originating summons should fail”.

For these reasons I concept Mr Yawha’s application that this case should now be dismissed. Accordingly I order that the charge of contempt laid against the Defendant be and is hereby dismissed.

DATED at Luganville this 18th day of February, 2002.

BY THE COURT

OLIVER A. SAKSAK

Judge