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Public Prosecutor v Tabisini [2009] VUSC 124; Criminal Case 08 of 2009 (23 September 2009)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(CRIMINAL JURISDICTION)

Criminal Case No. 08 of 2009

PUBLIC PROSECUTOR

V

HAMILSON TABISINI

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mr Gregory Takau for Public Prosecutor
Mr Christopher Tavoa for the Accused

Dates of Hearing: 22nd, 23rd September 2009
Date of Oral Verdict: 23rd September 2009

ORAL VERDICT

The Court returns a verdict of Not-Guilty and records same against the Accused, Hamilson Tabisini.

1. The Prosecution has not discharged the burden of proof resting on them to the required standard.
   
2. The inconsistencies appearing in the evidence of the witnesses for the prosecution cast doubt as to the credit-worthiness of all witnesses.
   
3. Chief Thompson Bule's evidence lack credibility when he concealed the fact that his wife and daughters and other relatives were present with him in his house when the incident occurred.
   
4. The Accused is given the benefit of the doubt.
   
5. The evidence of the Accused is consistent and he maintained consistencies throughout the trial. The Court believes his evidence to be the truth.
   
6. The Court is satisfied the defence of self-defence provided by Section 23 of the Penal Code Act Cap 135 was and is available to the Accused. Therefore, no criminal responsibility can be placed on him.
   
7. The Accused, Hamilson Tabisini is hereby discharged of the charge against him and is accordingly acquitted.
   

DATED at Bwatnapni this 23rd day of September 2009.

PUBLISHED: 29th September 2009.

BY THE COURT

OLIVER A. SAKSAK
Judge