Public Prosecutor v Rasu - Order for Costs [2005] VUSC 26; Criminal Case No 044 of 2004 (18 February 2005)

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

Criminal Case No: 44 of 2004

PUBLIC PROSECUTOR

VS.

PATRICIA RASU
ERIC LAPI
JOHN JACK
PAKO TAMATA

Coram: Mr Justice Oliver A. Saksak

Counsel: Mrs Linnes Moli for the Public Prosecutor
Mr Willie J. Kapalu for the First, Second and Third Defendants
Fourth Defendant in person, unrepresented.

ORDER FOR PROSECUTION COSTS

This Order is issued pursuant to Section 98 (1) of the Criminal Procedure Code Act CAP 136.

Upon hearing Mrs Moli on an application for Prosecution costs against the First, Second and Third Defendants,

And upon hearing Mr Kapalu in response,

And satisfying myself that -

(a) The Prosecution have incurred costs in respect of the trial due to the Not-guilty pleas of the three defendants; and

(b) The three defendants have paid a cash surety in the sum of VT60.000 by order of the Magistrate’s Court,

Now therefore I Order that -

(1) The First, Second and Third defendants be required to pay prosecution costs in the sum of VT60.000 which is made up as follows:-

• (a) VT45,000 to be paid to CCPL; and
  
• (b) VT14,950 to be paid to the Prosecutions Office.
  

(2) The Defendants shall forfeit their cash surety of VT60.000 to offset against the sum of VT60.000 imposed upon them as costs.

The Registry will pay out moneys in accordance with Order 1 directly to CCPL and the Prosecutions Office.

(3) There will be no costs against Pako Tamata, Fourth Defendant.

DATED Luganville this 18^th day of February 2005.

BY ORDER OF THE COURT

OLIVER A. SAKSAK
Judge.