ORAL SENTENCE
These defendants pleaded not
guilty on 18th August 1998 to one cou Obstructing Police officerficers in
the course of their
duty, and four counts of Intentional Assault contrary to
section 107 (c) of the Penal Code Act [cap.135] the Act.
Today on advice of the
Defendants Counsel, all for defendants were re-arraigned. All of them
pleaded guilty to the charge
of obstructing police officers in the course of
their duties. Defendants Tavor Silas, Rotul Tavor and Michael Lee pleaded
guilty to a charge of Intentional Assault on the person of Pierrot Karae, an
officer in the Vanuatu Mobile Force. Tavor
Silas, Mathew Warsal and Michael
Lee pleaded guilty to a charge of Intentional Assault on the person of Neil
Croucher.
Michael Lee pleaded guilty to a charge of Intentional Assault on
the person of Iaken Ampen , a Police officer and Mathew Warsal
pleaded
guilty to a charge of Intentional Assault on the person of Kender Afreman,
another Police officer.
Following their admissions all
the Defendants are accordingly convicted. Taking into consideration what has
been said
on their behalf by Mr Toa, it seems to me that these defendants
have a valid grievance which they are standing up for. Unfortunately
they
have resorted to the wrong means or cause of action.
They would be encouraged pursue
their claims through lawful means and not take the law into their own hands
as they have
done.
I therefore sentence the
defendants in the following manner:-
(1). For Intentional Assault
under section 107(c) of the Actas Tavor is fined VT 20.0000.000, Mathew
Warsal is fined VT
15.000, Michael Lee is fined VT 15.000, and Rotul Tavor
is fined VT 10.000.
These are concurrent fines in
respect of counts 2, 3, 4, a
(2). For Count 1, that is
Obstructing Police Officers in the course of their duty it seems to me that
Parliament has seen
this offence as serious and that is the reason why
Parliament has amended the law to put in place a fine of up to VT 300.000
and imprisonment of up to 6 years. In that regard I sentence each of these
defendants to two(2) Months imprisonment but
these sentences are suspended
for a period of 2 years. This is done pursuant to the provisions of the
Suspension of Sentence
Act [cap 67].
As regards the fines, the
Defendandicate to the Court that they will pay their respective fine fines
by or on 30th November
1998. In the event that any or all of the defendants
fail to pay their fines by this date, each defendant will be imprisoned
one(1) day for every Vt 50 outstanding 1month from today: that is after 30th
November 1998. This Order is made pursuant
to Section 52 of the Criminal
Procedure Code Act[Cap.136].
DATED at Luganville this 27 day
of October, 1998.
Sealed: 2nd November,1998
BY THE COURT
R A SAKSAK
Judge of the Supreme Court
