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Supreme Court of Vanuatu |
IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
LAKATORO / MALEKULA
(Criminal Jurisdiction)
Criminal Case No. of 1999
PUBLIC PROSECUTOR
-VS-
EDMOND DICK
Coram: Before Justice Oliver A. Saksak
Miss Wendy Wanemay – Clerk
Inspector Wilson D. Garae for the Public Prosecutor
Mr Kiel Loughman for the Defendant
SENTENCE
This defendant appears before me today charged with contempt of a court order. The Court Order is dated 11th August, 1989. The court by that Order injuncted all parties to a dispute concerning ownership of land in question from developing or doing any work on the land pending the determination of the appeal against the decision of the Island Court. It is alleged that on or about January 1996 the defendant built a store on the land which has operated since to date. The defendant pleads guilty to the charge. The only explanation he gives is that he thought the order did not injunct him from building a store.
I had the opportunity of seeing the Order. It is a very wide order which prohibits all or every development including the operation of a store.
The defendant admits that he breached the order of the Court in 1987. He did not appeal against the Order. He did not attempt to have the order varied. He simply went ahead and built a store in a deliberate and blatant disrespect for the order of the Court.
For those reasons the Court has to use its powers under section 23 of the Courts Act [CAP.122] to punish offenders in this category to preserve and maintain the respect and integrity due to the Court.
The appropriate sentence imposed is a fine of VT8,000. In default of payment the defendant will be imprisoned for 2 weeks.
The defendant indicates that he will pay the fine today.
DATED at Lakatoro this 13th day of November, 2000.
BY THE COURT
OLIVER A. SAKSAK
Judge
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