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Public Prosecutor v Bani [2005] VUSC 28; Criminal Case No 333 of 2003 (1 March 2005)

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

Criminal Case No. 333 of 2003

PUBLIC PROSECUTOR

VS.

EZRA BANI
DUMONT BOE
JOHN STEVEN
DANIEL JONES

Coram: Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mrs Linnes Moli for the Public Prosecutor
The Defendants present and appearing in persons

Date: 1st March, 2005

ORDER

The applicant, Dumont Boe applies that the Court varies his bail conditions in particular Condition 5 to allow him to return to work.

The application does not concern the other three defendants. The applicant was re-instated to his employment on 13^th December 2004. He was informed by letter dated 9^th December 2004.

The Court on 15^th February 2005 had dealt with an application for Contempt of Court against Dumont Boe. The Court found him guilty and fined him VT8,000 which he paid later that day.

The Prosecutor objects to the application on the basis that his re-employment was prejudicial to the conduct of the prosecution case. There was no actual prejudice but only a fear that it would be. Mr Boe responded that in his submission there was no basis for such fear.

The Court agrees with Mr Boe. He has purged his contempt by his fine. There is no evidence of actual prejudice. Mr Boe has been in the office since 13^th December 2004.

For those reasons his application is successful. The bail conditions imposed on this Defendant by the Magistrate’s Court are varied by deleting condition No. 5. This variation does not apply to the other three defendants.

DATED at Luganville this 1^st day of March, 2005.

BY THE COURT

OLIVER A. SAKSAK
Judge