Former Vanuatu MP arrested and detained
Former Member of Vanuatu Parliament(MP) Kalo Seule is currently remanded in police custody for being implicated in Value Added Tax (VAT) related offences.
Police Media confirmed he was arrested Tuesday at his camp site at Ohlen area, following a warrant of arrest issued by the court.
As the Manager of Parts Plus South Pacific, Seule has failed to return taxes to the Government since December 2010, breaching Section 51 (1)(b) of the VAT Act.
He will remain in custody awaiting his appearance before the Magistrates Court.
Former MP Seule is contesting for one of the five seats in Port Vila Constituency, as an Independent candidate.
The question to ask is how he was able to bypass the system and declared as an eligible candidate to contest the election tomorrow.
Martin Tete, Chairman of Electoral Commission said the Electoral Commission have done their part to scrutinise the candidates. It is the Government departments to release information of whoever owes Government money, but that was not the case on the candidate concern.
Meanwhile, an application filed by Fijian lawyer, Vilimone Vosarogo to permanently stay prosecution charges, was presented before Supreme Court Judge, Justice Gus Andree Wiltens Tuesday.
Vosarogo, has been admitted by Chief Justice Vincent Lunabek to act for caretaker Prime Minister Charlot Salwai and former Member of Parliament (MP) Tomker Netvunei, defendants in the case PP vs Charlot Salwai & others.
According to a press statement which carried the official stamp of the Prime Minister, drafted by Vosarogo, the papers filed by their legal representative revealed they are asking the Supreme court to stay the proceedings against Salwai and Netvunei on the basis that there is evidence of abuse of process in the criminal proceedings.
The application is accompanied with the statement that to continue with the prosecution would savor to the extent of unfairness especially when the conduct complainants about is one that the complainant or complainants themselves were the creators of.
The application was only served on the Public Prosecutor earlier Tuesday afternoon. Public Prosecutor (PP) Josiah Naigulevu confirmed he had been served with the application and needed time to respond.
The office of the PP had been given until April 21, 2020 to file their answer to the application by the Caretaker Prime Ministers’ lawyers. Lawyer for the other accused, Nigel Morrison and Marie-Noelle Ferrieux Patterson confirmed having being served with the application and needed until 21 April, 2020 to confirm their reply and or support to the application.
Justice Wiltens said the counsel must bear in mind that if “the application is determined to be no more than a delaying tactic or an application with some other similar ulterior motive, that costs may well be imposed on those bringing the application as well as their counsel”.
The Supreme Court Judge was also conscious of the timing. He noted that the complainant(s) is/are prominent in the political scene in Vanuatu.
All the five defendants were MPs in the 11th legislature and are also contesting in their respective constituencies in the present General Election.
“Voting is due to occur in 2 days which is on Thursday, March 19, 2020. For a preliminary Inquiry in respect of the alleged criminal conduct of politicians hoping to be returned to Parliament to be heard so close to the day of voting, regardless of the outcome of the hearing (so far as both the complainant(s) and defendant(s) are concerned), could very well interfere with the democratic process.
It seems to me to fair to all those involved to put the preliminary inquiry off until after the election and the formation of the next government.”
The Preliminary Inquiry in the Magistrates Court is stayed pending hearing and determination of the application.
One of the defense counsels stated that the decision to adjourn the case is a big win for the defense lawyers and their clients as they will now not have the quite unreasonable situation of the preliminary inquiry taking place two days before the General Election.
The Supreme Court has given all parties time to prepare and file their papers. The hearing will be held on 14 May, 2020 at 9am in the Supreme Court.
SOURCE: VANUATU DAILY POST/PACNEWS
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Police Media confirmed he was arrested Tuesday at his camp site at Ohlen area, following a warrant of arrest issued by the court.
As the Manager of Parts Plus South Pacific, Seule has failed to return taxes to the Government since December 2010, breaching Section 51 (1)(b) of the VAT Act.He will remain in custody awaiting his appearance before the Magistrates Court.
Former MP Seule is contesting for one of the five seats in Port Vila Constituency, as an Independent candidate.
The question to ask is how he was able to bypass the system and declared as an eligible candidate to contest the election tomorrow.
Martin Tete, Chairman of Electoral Commission said the Electoral Commission have done their part to scrutinise the candidates. It is the Government departments to release information of whoever owes Government money, but that was not the case on the candidate concern.
Meanwhile, an application filed by Fijian lawyer, Vilimone Vosarogo to permanently stay prosecution charges, was presented before Supreme Court Judge, Justice Gus Andree Wiltens Tuesday.
Vosarogo, has been admitted by Chief Justice Vincent Lunabek to act for caretaker Prime Minister Charlot Salwai and former Member of Parliament (MP) Tomker Netvunei, defendants in the case PP vs Charlot Salwai & others.
According to a press statement which carried the official stamp of the Prime Minister, drafted by Vosarogo, the papers filed by their legal representative revealed they are asking the Supreme court to stay the proceedings against Salwai and Netvunei on the basis that there is evidence of abuse of process in the criminal proceedings.
The application is accompanied with the statement that to continue with the prosecution would savor to the extent of unfairness especially when the conduct complainants about is one that the complainant or complainants themselves were the creators of.
The application was only served on the Public Prosecutor earlier Tuesday afternoon. Public Prosecutor (PP) Josiah Naigulevu confirmed he had been served with the application and needed time to respond.
The office of the PP had been given until April 21, 2020 to file their answer to the application by the Caretaker Prime Ministers’ lawyers. Lawyer for the other accused, Nigel Morrison and Marie-Noelle Ferrieux Patterson confirmed having being served with the application and needed until 21 April, 2020 to confirm their reply and or support to the application.
Justice Wiltens said the counsel must bear in mind that if “the application is determined to be no more than a delaying tactic or an application with some other similar ulterior motive, that costs may well be imposed on those bringing the application as well as their counsel”.
The Supreme Court Judge was also conscious of the timing. He noted that the complainant(s) is/are prominent in the political scene in Vanuatu.
All the five defendants were MPs in the 11th legislature and are also contesting in their respective constituencies in the present General Election.
“Voting is due to occur in 2 days which is on Thursday, March 19, 2020. For a preliminary Inquiry in respect of the alleged criminal conduct of politicians hoping to be returned to Parliament to be heard so close to the day of voting, regardless of the outcome of the hearing (so far as both the complainant(s) and defendant(s) are concerned), could very well interfere with the democratic process.
It seems to me to fair to all those involved to put the preliminary inquiry off until after the election and the formation of the next government.”
The Preliminary Inquiry in the Magistrates Court is stayed pending hearing and determination of the application.
One of the defense counsels stated that the decision to adjourn the case is a big win for the defense lawyers and their clients as they will now not have the quite unreasonable situation of the preliminary inquiry taking place two days before the General Election.
The Supreme Court has given all parties time to prepare and file their papers. The hearing will be held on 14 May, 2020 at 9am in the Supreme Court.
SOURCE: VANUATU DAILY POST/PACNEWS
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