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Public Prosecutor v Toka [1999] VUSC 18; Criminal Case No 014 of 1999 (13 April 1999)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

HELD AT LUGANVILLE/SANTO

(Criminal Jurisdiction)

Criminal Case No.14 of 1999

PUBLIC PROSECUTOR

-VS-

EDMOND TOKA

Coram: Mr Justice Oliver A Saksak

Mr William Falau, Clerk of Court

Counsel: Mr Willie Daniel, Prosecutor for Public Prosecutor

Mr Hillary Toa for the Accused

BAIL CONDITIONS

Upon the Accused pleading not-guilty to a charge of Rape contrary to section 91 of the Penal Code Act [CAP.135],

And upon an Application for Bail by Counsel for the Accused that the Accused be released on bail pending his trial,

And upon hearing Mr Willie Daniel in opposition to the Application,

IT IS ORDERED THAT BAIL BE GRANTED TO THE ACCUSED, EDMOND TOKA on the following conditions:-

(1) The Accused MUST NOT leave Luganville at any time.

(2) He MUST LIVE with ROBYN TOKA.

(3) He MUST NOT interfere with any Prosecution witnesses or the Complainant herself.

(4) He MUST NOT GO within 50 metres of the Complainant's place of residence or place of work.

(5) He MUST turn up on the date of trial as will be notified by Summons.

(6) He MUST KEEP and MAINTAIN peace at all times whilst in Luganville.

Provided that if the Accused breaches any of these conditions, he shall be arrested and automatically be committed to prison.

DATED at Luganville this 13th day of April, 1999.

BY ORDER OF THE COURT

OLIVER A SAKSAK

Judge