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Public Prosecutor v Malsoklei [2000] VUSC 45; Criminal Case No 246 of 2000 (16 August 2000)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Criminal Jurisdiction)

Criminal Case No.246 of 2000

SC File No.9 of 2000

PUBLIC PROSECUTOR

-VS-

BERNARD MALSOKLEI

MICHEL MALSOKLEI

TIMOTHY MALSOKLEI

NORBERT MALSOKLEI

RAYMOND WARCET

TIMOTHY SUVRINMAL

Coram: Mr Justice Oliver A. Saksak

Ms Cynthia Thomas - Clerk

Inspector Wilson D. Garae for Public Prosecutor

Mr Hillary Toa for Defendants

JUDGEMENT

The defendants apply for conditional bail today. They submit that it would be costly for the Government to maintain them in custody. Further they submit that as investigations have been completed that evidence was not likely to be prejudiced.

Prosecution objected to the application. Inspector Garae expressed the fear that as the offences alleged against the defendants are very serious and for reasons of security, it was better to have the defendants in custody until trial.

In considering whether or not to grant bail, I took into account the length of time taken in the investigation of the matter. It is more than 5 years old. It was difficult to track down the defendants straight after the alleged offences were committed because they each dispersed to different places. Further, in cases of this nature it was possible that relatives of the victim would still harbour hatred in their hearts. It was therefore for the security of the defendants that they be kept in custody. The Court also fears that one of the defendants is still at large. Evidence already in hand might be prejudiced if they were released on bail and they had the opportunity to meet up.

For those reasons, bail is refused. The defendants are further remanded in custody until trial which is fixed for Monday 18^th September until Friday 22 September, 2000. Trial will commence each day at 9 O'clock in the morning.

DATED at Luganville, this 16^th day of August, 2000.

BY THE COURT

OLIVER A. SAKSAK

Judge

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