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Iaukas v Government of the Republic of Vanuatu [2009] VUSC 36; Constitutional Case 05 of 2008 (19 May 2009)

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

CONSTITUTIONAL CASE No.05 OF 2008

BETWEEN:

DICK IAUKAS
Applicant

AND:

THE GOVERNMENT OF THE REPUBLIC OF VANUATU

Respondent

Mr Benneth for the Applicant
Mrs Viran Trief, Solicitor General, for the Respondent

JUDGMENT ON STRIKING OUT APPLICATION

The Applicant applies for:

1. Orders that the Government of the Republic of Vanuatu (the Government) infringed the constitutional rights of the applicant in respect of hi rights to liberty, security of the person and freedom from inhuman treatment.

2. Orders that the Government of the Republic of Vanuatu is liable for injuries inflicted upon the applicant by members of the Vanuatu Police Force on 25 January 1998.

The grounds of the application (constitutional) are set out in the application to strike out the following:

(1) Paragraph 5(a) of the application;

(2) Allegations of false arrest and false imprisonment: Paragraph 5(b)(i); paragraph 6 (i);

(3) Allegations of inaction on the part of the Vanuatu Police Force in reordering assistance to the applicant or arranging medical attention; and

(4) The applicant to pay the respondent’s costs of the application.

I have considered the submissions by both counsel and their respective arguments. I bear in mind that the allegations are of serious constitutional importance. I note that the matters which are the subject of striking out are matters of facts or law or mixed facts and laws. The Court should be and must be reluctant to dismiss the matters (of Constitution) summarily without hearing the merits.

Common sense and justice require that this approach be taken in the present case. For those reasons, I decline to proceed with the arguments as advanced by the respondent. The costs are in the cause of the substantive application.

DATED at Port-Vila this 19th day of May 2009

BY THE COURT

Vincent LUNABEK
Chief Justice