Public Prosecutor v Neftahal - Confiscation order [2023] VUSC 104; Criminal Case 3233 of 2021 (19 July 2023)

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

Criminal Case No. 21/3233 SC/CRML

PUBLIC PROSECUTOR
v
LEONARD NEFTAHAL
COLLEN YET
PETER PAUL YET (also known as BOBBY YET)
JOSEPHO FRANK
ROMARICK LARKIN
ROWE YET
MORRIS YET
JAMES YET
JAMES YARSEL (absconded his bail conditions and went overseas on RSE)

Coram:	Hon. Chief Justice V. Lunabek
Counsel:	S Blessings for the State RT Willie for the Defendants

ORDERS FOR CONFISCATION OF PROPERTY
(Pursuant to section 58ZC of the Penal Code [CAP. 135]

The Supreme Court makes the following orders:

1. THAT, on the application of the Public Prosecutor dated 19 July 2023, the Supreme Court confiscates the following properties:
   

Property	Make or Model	Owner	Unique Identifier
Vehicle	Red Toyota Hilux Double Cabin	Collen Yet	S10201
Vehicle	White Bongo	Collen Yet	9992

2. THAT, the Supreme Court confiscates any cash money respectfully belonging to all defendants that is kept in their bank accounts, in the houses and other places as referred to in their Pre-Sentence Reports and Compensation Reports filed on 21 June and 27 June 2023 in this case including the following:
   
   • - Cash VT40,000 in the assets of Defendant Collen Yet;
   • - Cash VT900,000 in the assets of Defendant Romarick Larkin in the hands of his mother Sarah Larkin;
   • - Cash VT40,000 in the assets of Rowe Yet;
     

Which represents a total amount of VT980,000 and to be paid as part of compensation amount of 6,000,000 Vatu to Mr Tarat Lal Weh and his family for their losses by Tuesday 25 July 2023.

3. THAT, the Supreme Court confiscates the heads of cattles, cows and bullocks of each and all defendants towards the payment of the full amount of 5,000,000 Vatu compensation to Mr Tarat Lal Weh and his family within 12 months from the date of this sentence.
   

DATED at Luganville, Santo, this 19^th day of July, 2023

BY THE COURT

Hon. Chief Justice V. Lunabek