Public Prosecutor v Herromanley [2009] VUSC 137; Criminal Appeal Case 01 of 2006 (17 November 2009)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(APPELLATE JURISDICTION)

Criminal Appeal Case No. 01 of 2006

PUBLIC PROSECUTOR

V

CHRISTOLOGUE HERROMANLEY
DAVID TAGA
VITALIS PAUL
FRANCISCO TOM
FABRICE KAI

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mrs Kayleen Tavoa – Public Prosecutor
Mr Christopher Tavoa – For the Respondents/Defendants

ORDER

1. This case is called for mention. It is a criminal appeal and the Court treats this hearing as an Appeal Review Hearing.

2. Of all 5 respondents only David Taga and Vitalis Paul are present today. Christologue is in Port Vila but he has been informed about the case being on today. Fabrice is at Stone Hill, Fanafo. I am told he is not served. Francisco Tom is not available in Court.

3. There appears to be uncertainties as to whether the appeal has been prosecuted. The Public Prosecutor informs me she recalls entering nolle prosqui in this Court in or about 2006 in the original proceeding the subject of the appeal. The reason being that the two victims were not available to attend Court to give evidence against these 5 respondents. She repeats her information about her intention of entering nolle. Further, she asks that the appeal be dismissed.

4. Mr Tavoa supports those submissions. Therefore in the circumstances, this appeal is now dismissed. The consequential effect is that the original proceeding against these 5 defendants is also dismissed.

5. The 5 respondents are discharged and acquitted of all charges.

6. David Taga is in custody at the Correctional Centre but the Court is told this is in relation to another offence.

DATED at Luganville this 17th day of November 2009.

BY THE COURT

OLIVER A. SAKSAK
Judge