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Garae v Mala [2008] VUIC 4; Civil Case 08 of 2006 (4 April 2008)

IN THE AMBAE ISLAND COURT
OF THE REPUBLIC OF VANUATU
HELD AT SARATAMATA
(CIVIL JURISDICTION)

Cc. 08/06

BETWEEN:

BELINDA GARAE
Plaintiff

AND:

ANDREW MALA
Defendant

Coram: Justice Juda Budu
Justice Meriam Garae
Justice Reachal Toa

Clerk Wilson Andrew.

JUDGMENT

Having heard the defendant ANDREW MALA reasons for failure on his (Defendant) part to comply with Orders made against him by Ambae Island Court on the 11^th December 2006, the Court find the defendant guilty of failure to comply with Court Orders.

CAP 167 Section 19 of the Island Court Act state,

Any person who fails, without reasonable cause (the burden of proof of which is on him) to obey an order of or a summons to attend before, an Island Court shall be guilty of an offence and shall be liable to a fine not exceeding VT24,000 or imprisonments not exceeding 6 months or to both.

The Court therefore applies section 19 of the Island Court Act CAP 167 to sentence you to serve community sentence a total of 112 hours within a period of two weeks. You are therefore ordered to,

1. Serve for community sentence eight hours per day within two weeks period

2. Report to a probation Officer as soon as practicable

3. Report to a probation Officer as directed at any other time during the sentence for the purpose of monitoring the sentence.

4. Notify a probation officer, within 72 hours if you move to a new residential location.

5. Work as directed by the probation officer until the total number of community work hours is finish.

Other rules of the Community Work sentence will be explained to you when you meet you probation officer.

These orders took effect from when you comments your community sentence as directed by the probation officer in charge at Saratamata east Ambae.

Both parties are given liberty to appeal within 30 days commencing from these Orders.

Date at SARATAMATA on 04^th April 2008.

BY THE COURT

Justice Meriam Garae
Justice Juda Budu
Justice Reachal Toa