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Panketo v Natuman - Judgment [2005] VUSC 132; CC 045 2002 (24 November 2005)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

CIVIL CASE No. 45 OF 2002

BETWEEN:

JOSHUA PANKETO
Petitioner

AND:

HON. JOE NATUMAN,
Minister of Internal Affairs in charge of Police and Immigration
First Respondent

AND:

THE ACTING COMMISSIONER OF POLICE,
Mr. Api Jack Marikempo, Police Head Quarter
Second Respondent

AND:

THE PRINCIPAL IMMIGRATION OFFICER,
Mr. Leslie Garae, Immigration Department, Port-Vila, Vanuatu
Third Respondent

Coram: Chief Justice Vincent Lunabek

Counsel: Mrs Marie Noelle Ferrieux Patterson for the Applicant
Mr Kiel Loughman for the Respondents

JUDGMENT

Before me is an urgent application for variation of Orders issued by this Court on 7 November 2002.

The application is filed as a matter of urgency. Two sworn statements are filed in support of the application. Mrs Marie Noelle Ferrieux Patterson files a sworn statement to show that there is urgency. The applicant, Mr Joshua Panketo, files a statement in support of the substantive application.

On 7 November 2002, the Court issued the following Orders with reasons provided in support:-

“1. THAT, the Petitioner’s claim that he be refunded properly with his money and possessions which are under the care and control of the police is granted partly only as follows:

(a) the Petitioner cannot be refunded properly with his moneys and possessions which are under the care and custody of police as they were lost and there is no assessment of properties other than monies were made;

(b) however, the Petitioner shall be compensated for the unjust deprivation of his properties and monies by the Respondents and the compensation is determined in the following way:

• (i) the Respondents shall pay to the Petitioner an amount of 300,000 VT; and
  
• (ii) the Respondents shall pay the Petitioner’s air ticket to Solomon Islands.
  

2. THAT, the Petitioner shall not be deported until he was paid 300,000 Vatu and his airline ticket is purchased as ordered in 1(b)(ii).
   
3. THAT, the claim that the Petitioner chooses the country of deportation is refused.
   

4. THAT, there is no order as to costs.”

Today 24 November 2005 at 5.30PM the Applicant applies for a variation of these Orders in the following way:-

1. THAT the Petitioner shall not be prevented from choosing the country of deportation; and
   
2. THAT the Petitioner shall not be deported to Solomon Islands after the Government has paid for his ticket;
   
3. THAT the Petitioner shall be deported to a country which will guarantee to accept him and to treat him fairly and decently and democratically.
   

The application is said to be very urgent as the Principal Immigration Officer has advised Mr Panketo and his lawyer on 23 November 2005 that the ticket of Mr Joshua Panketo was paid and that he would be put on the plane tonight at 23.00 hours accompanied by a certain officer of Police from RAMSI operation, Mr Jeffrey Bong.

Mr Kiel Loughman on behalf of the Respondents concedes that there is urgency. The Court, then, deals with the application. I read the application and the sworn statements in support. I hear and consider counsel’s submissions, I come to the conclusion that the application must be dismissed. It is accordingly dismissed. The Orders of 7 November 2002 which the Applicant seeks to vary, are not interlocutory type Orders. They are final Orders of the Court. The only way to change or vary them is by way of appeal. The time for appeal has lapsed.

DATED at Port-Vila this 24^th day of November 2005

BY THE COURT

Vincent LUNABEK
Chief Justice