“Notwithstanding the provisions
of this Code or any other law, the SupreSupreme Court and the Magistrate’s Court
in criminal
causes promote reconciliation and encourage and facilitate the
settlement in an amicable way, according to custom or otherwise,
of any
proceedings for an offence of a personal or private nature punishable by
imprisonment for less than 7 years or
by a fine only, on terms of payment of
compensation or other terms approved by such Court, and may thereupon order
the
proceedings to be stayed or terminated.”
The Accuseds are charged with
rape with carrieenalty of life imprisonment. Clearly it is not
appropppropriate for the
Court to apply section 118 of the Code.
As an altive, Ms Tavoa
applies to enter a nolle prosequi under section 29 of the Code. Accordccordingly
the Court enters
a nolle prosequi against each of the six accused persons
and dismisses the charge of rape against each and every accused. All
the
accused are accordingly discharged.
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DATED at Lakatoro this 19th
day of Mar001.