Appeal Court sets Nov 16 for constitutional case on pardoning in Vanuatu

The Vanuatu Court of Appeal will be hearing the legality of the pardon granted by the then acting President and Speaker of Parliament, Marcelino Pipite on Monday.

The Vanuatu Court of Appeal will be hearing the legality of the pardon granted by the then acting President and Speaker of Parliament, Marcelino Pipite on Monday.

The appellants, the imprisoned MPs, maintained in their appeal that the action by then acting president and speaker of parliament, Marcelino Pipite is constitutional and the President had no legal authority to revoke the legal instruments for pardoning.

The appeal is filed against the ruling of Justice Oliver Saksak on 21 October 2015 who said that the prerogative power of the president is vested on the president only, and that the acting speaker can only exercise the functions of the President’s office as outlined in his letter of appointment.

The constitutional case will come after the appeal hearings on the bribery case which begins on Thursday 12 November 2015.

A jury of 8 judges, including foreign judges, will be sitting in the Court of Appeal to hear the case.

Yesterday the defence attorney appeared for a court conference to sort out the program for the appeal and agree on relevant issues to be raised in the Court of Appeal hearing.

Amongst the bribery case are also other criminal and civil cases that are all marked to be heard from 9 to 20 November 2015.

The bribery appeal case will begin on Thursday with defense counsel, John Malcom putting arguments on behalf of his client, deputy prime minister Moana Carcasses Kalosil.

Carcasses is serving 4 years prison term, the highest compared to his colleagues. He was found guilty of 18 counts of corruption.

Moana Carcasses’ will be followed by former minister for foreign affairs, Serge Vohor, who will be represented by his son in law, legal counsel, Collin Leo.

Thomas Laken and Tony Nari’s come next followed by Steven Kalsakau and Paul Telukluk, Marcelino Pipite and Jean Yves Chabot, in that chronicle order.

Tony Ngari is serving 3 years and 6 months for bribing and receiving bribery while his other colleague MPs got 3 years jail term each for a single count on receiving bribery.

LoopVanuatu