Public Prosecutor v Kalosil - Ruling on Separate Trials [2015] VUSC 120; Criminal Case 73 of 2015 (2 September 2015)

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

Criminal Case N0. 73 of 2015

PUBLIC PROSECUTOR

V

MOANA CARCASSES KALOSIL
SILAS ROUARD YATAN
PAUL BARTHELEMY TELUKLUK
TONY NARI
SERGE VOHOR
JOHN AMOS
ARNOLD PRASAD
STEVEN KALSAKAU
TONY WRIGHT
SEBASTIEN HARRY
THOMAS LAKEN
MARCELLINO PIPITE
JONAS JAMES
JEAN YVES CHABOT
WILLY JIMMY TAPANGARARUA
ROBERT BOHN
THOMAS BAYER

Coram: Justice Mary Sey
Counsel: Mr. John Timakata for the Public Prosecutor

Mr. John Malcolm for:

Moana Carcasses Kalosil

Silas Rouard Yatan

Arnold Prasad

Jean Yves Chabot

Robert Bohn

Mr. Robin Tom Kapapa for:

Paul Barthelemy Telukluk

Steven Kalsakau

Marcellino Pipite

Willy Jimmy Tapangararua

Mr. Justin Ngwele for:

Tony Nari

John Amos

Sebastien Harry

Thomas Laken
Mr. Colin Leo for:

Serge Vohor

Anthony Wright

Jonas James

Mr. Nigel Morrison for:

Thomas Bayer

Date of Decision: 2 September 2015

RULING

1. Defence counsel Mr. Morrison has applied for severance and separate trials in respect of the charges preferred against his client Thomas Bayer. In count 56 the accused is charged with Complicity to Bribery contrary to section 30 Penal Code Act [Cap 135] and section 23 and 30 (1) (a) of the Leadership Code Act [CAP 240 and in count 57 he is charged with Complicity to Corruption and Bribery contrary to section 30 and 73 (2) of the Penal Code Act [CAP] 240.
   
2. Prosecuting counsel is opposed to the application for severance and separate trials.
   
3. However, the power of a Court to order a separate trial is discretionary and is exercised in order to avoid prejudice to the accused or to expedite the trial. If it appears that an accused is prejudiced by joinder of counts or of accused persons in an Information, or by such joinder for trial together, the Court may order an election or separate trials of counts, grant a severance of accused persons or provide whatever other relief justice requires.
   
4. Having heard the submissions of counsel, I am satisfied that a meritorious case has been made for the granting of separate trials.
   
5. The application therefore succeeds and the relief is granted as prayed.
   

DATED at Port Vila, this 2nd day of September, 2015.

BY THE COURT

M.M.SEY
Judge