Bulewak v Public Prosecutor [2004] VUSC 125; Criminal Case 026 of 2004 (29 October 2004)

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

Criminal Case No. 26 of 2004.

NOEL BULEWAK

v.

PUBLIC PROSECUTOR

Ms. Collin Carey for the Appellant
Ms. Kayleen Tavoa for the Prosecution

ORDER

AFTER HAVING READ the Notice of Appeal and other documents relating to the appeal, AND UPON HEARING Ms. Collin Carey and Ms. Kayleen Tavoa, I am satisfied that the outstanding amount of VT64,000 in maintenance have been settled, the Court makes the following orders:-

1. The warrant of commitment made by the Magistrate's Court on Lakatoro, Malekula on 21^st July 2004 is quashed and the appellant is released from prison immediately.

2. Orders of 4 September 2001 is varied as follows:-

(a) The Appellant is to pay an amount of VT2, 000 each month in maintenance until he resumes employment;

(b) Upon resuming employment, the appellant must provide this Honourable Court with proof of his monthly earnings within 60 days for the purpose of enabling the Court to identify an amount which the appellant ought to pay in maintenance each month to Mabontare Marie Reine, his wife, and Arnold Tabisu Bulewak, Noel Tabimal Bulewak, Cindy Mabonse Bulewak and Christopher Bulewak, his four children, taking into account the needs of the appellant's wife and children, and the appellant's own needs and financial means;

(c) Parties are at liberty to apply to the Court for variation of any provision of these orders on reasonable notice to the other party;

(d) Non-compliance with (a) or (b) above may constitute an offence punishable by a fine or imprisonment.

DATED at Port Vila, this 29^th day of October 2004.

H. BULU
Judge