Public Prosecutor v Wilson [2009] VUSC 48; Criminal Case 23 of 2008 (12 February 2009)

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

Criminal Case No. 23 of 2008

PUBLIC PROSECUTOR

V

STEPHANE WILSON

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mr Gregory Takau for Public Prosecutor
Mrs Marisan Vire for the Defendant

ORDER

Upon hearing Mr Takau informing the Court that the Public Prosecutor does not intend to continue with this proceeding against the Defendant and invites the Court to enter nolle prosequi under Section 29 of the Criminal Procedure Code Act Cap. 136.

And upon hearing Mrs Vire in relation to Section 29(2) of the Act,

And being satisfied that the Court has discretion to enter nolle prosequi in the absence of the defendant, but in the presence of defence counsel, it is ordered that –

1. Nolle prosequi be entered against the defendant in this proceeding.
   
2. Accordingly the charge against the defendant is dismissed and he is acquitted.
   
3. The defendant forfeits his surety of VT15.000 because he failed to return to Court on 9th February 2008. The prosecutor applied for a Warrant of Arrest which was issued by the Court. The Police executed the Warrant on 11th February but execution was not successful because the defendant was not at his home in East Santo.
   
4. The VT15.000 will be paid as follows:-
   

(a) Prosecutions	VT7.000
(b) Police	VT8.000

DATED at Luganville this 12th day of February 2009.

BY THE COURT

OLIVER A. SAKSAK
Judge