Public Prosecutor v Roel [2003] VUSC 76; Criminal Case 015 & 017 of 2003 (25 April 2003)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

CRIMINAL CASE No. 15 of 2003

PUBLIC PROSECUTOR

-v-

MORSEN ROEL

AND

CRIMINAL CASE No. 17 of 2003

PUBLIC PROSECUTOR

- v –

MAKALIE PETER

Counsels: Mr. Eric Sciba for the Public Prosecutor
Ms Loa Damena for the Defendants

JUDGMENT

This is the trial of two (2) defendants: Makalie Peter and Morsen Roel. Both of the defendants separately charged out of a series of criminal offences occurring on 8 February 2002 at Marae Village on the Island of Emae.

Each and both of the defendants are charged separated as follows:

Makalie Peter is charged with the offence of Arson, contrary to Section 134(1) of the Penal code Act [CAP. 135].

It is particularized that Makalie Peter, you are from Emae Island. On or about 8 February 2003 at Marae Village, you intentionally burn Harry House and you knew that the property (house) belongs to a different person.

Morsen Roel is charged with the offence of Arson, contrary to Section 134(1) of the Penal Code Act [CAP. 135].

The particulars of such a charge are that Morsen Roel is from Emae Island. On or about 8 February 2002, at Marae Village, Emae, he intentionally burnt the house belonging to Mr. Willie Makao and at the time he knows that the property (house) is not (his) and belongs to another.

The two (2) defendants are jointly tried on 26 and 27 May 2003.

Section 134(1) provides:

“No person shall wilfully and unlawfully set fire to, or damage by means of any explosive, any building or other property whatsoever which to his knowledge belongs to another...”

The essential elements of the offence as charged under Section 134(1) of the Penal Code:

1. That a person sets fire to a building or another property.
   
2. The property belongs to another.
   
3. The person wilfully and unlawfully set fire to said building or property.
   
4. The person knew that the building or other property belongs to another.
   

The law is that the prosecution must prove each and all essential elements of the offence as charged against each and both of the defendants beyond a reasonable doubt.

For the defendant to be found guilty it is the duty of the prosecution to prove each and all 4 essential elements of the offence charged under Section 134(1) of the Penal Code against each and both of them. It is not the duty of the defendants to prove their innocence.

In this case, the defendants elect to give evidence on their own behalf. Their evidence must be assessed as evidence given by any other witnesses.

Dated at Port-Vila, this 25^th day of April 2003

BY THE COURT

Vincent LUNABEK
Chief Justice