PUBLIC PROSR
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-V-
CHANNEL SOKSOK
PAUL BERNARD
JEAN LAURENT EVONG
PAUL BATICKSUVON ROBERT
DONATIEN BATICK AKONE
PATRICK MARKOTH
Coram: Mr Justice Oliver Saksak
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Miss Cynthia Thomas - Clerk
Counsel: Inspector Wilson Garae
for Public Prosecutor
Mr Hillary Toa for the
Defendants
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DECISION
This case resumes at 2 O'clock
today having been aned following an application made by the Prosecution
at 9 O'clock
this morning. The reason for seeking the adjournment was that
the principal witness and complainant of the case was not available
in
Luganville to give evidence due to flight difficulty to Lamap Airfield.
Inspector Garae applies for the
case to commence by the Prosecution calling other sses other than the
C Complainant.
He tells the Court that the Complainant and other witnesses
have been booked to arrive in Luganville this coming Thursday.
He tells the
Court that he had contacted the complainant's uncle at Maskeylenes this
morning and was told that they have
not received the service messages
broadcast over the radio.
I refused low this to
happen as this would be unusual practice.
Mr Toa for the Defendants apply
to the Court to have the against the Defendants dismissed under section
127 127 of the
Criminal Procedure Code Act [CAP.136].
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He tells the Couat the
Defendants have been in jail since 17th October 1997 and it is almost a year
ear
now and they
have not been tried. He submits their constitutional rights
have been infringed. He argues that the Prosecution have had sufficient
time
to serve their witnesses and to bring then to Court. He submits that there
is no reason that this Court should grant
a further adjournment but that the
Court should dismiss the case.
Section 127 of the CPC Act
relates to trials i Magistrates Court. But if this Court is bound to
ado adopt it, I conclude
that there is a good reason why a further adjournment
must be granted and it is this: All these defendants have statements
admitting the offences they are charged with. If it was not for that, I
would have no difficulty dismissing the case
today. It is therefore
appropriate that a further adjournment be granted to enable prosecution
witnesses to arrive. But
this will be the last adjournment. And in the
circumstances it would be fair that the Defendants be bailed. I therefore
make the following Orders:-
(1) This ca e be a ournjourned for trial on Monday and Tuesday 23rd and 24th November at 9
O'clock in the morning.
1">
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(2p; Channel Soksok and D Denny Lockvaro be bailed to reside with relatives in Luganville to await
trial on the
following conditions:-
(a) p;&nbbsp; That that they not leave
Luganville;
(b) p; That tepy report to
the Police Stae Station in Luganville on Wednesdays and Saturdays each week at
0800 hrs until trial;
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(cp; That they not
rinterfnterfere with any prosecution witnesses they know;
(d) & p; Tsat that they appy appear
before the court at 0900 hrs on 23 and 24th November 1998 for trial.
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(3)& Jean Laurent, Paul
Bat Baticksuvon, Donatien Batick and Patrick Markoth be remanded in custody and
be brought
up on 23rd and 24th November at 0900 hrs for trial.
These defendants have liberty
to apply for bail should there be a c in their circumstances.
DATED at Luganville this 13th
day of October, 1998.
BY THE COURT
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OLIVER A SAKSAK
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Judge of the Supreme Court
