Public Prosecutor v Molisamao [2010] VUSC 2; Criminal Case 19 of 2009 (24 February 2010)

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

Criminal Case No. 19 of 2009

PUBLIC PROSECUTOR

V

BRANDON MOLISAMAO

Mr Justice Oliver A. Sakask
Mrs Anita Vinabit – Clerk

Mr Lent Tevi for Public Prosecutor
Mr Chris Tavoa for the Defendant

ORDER

Upon the Public Prosecutor entering a nolle prosequi pursuant to section 29 of the Criminal Procedure Code Act Cap 136 on the basis that the victim, complainant and prosecutrix of this matter has left the jurisdiction of the Court permanently,

And upon hearing Mr Tevi in relation to punishment for breach of bail conditions by the Accused and for prosecution costs,

And upon hearing Mr Tavoa in response,

It is decided and ordered that –

(1) This proceeding be wholly discontinued against the Accused who is hereby discharged and acquitted accordingly.

(2) The Accused be sentenced to a fine of VT5.000 for breaches of bail conditions and is liable to pay VT3.000 as prosecution costs payable within the next 7 days from the date hereof.

DATED at Luganville this 24th day of February 2010.

BY ORDER OF THE COURT

OLIVER A. SAKSAK
Judge