IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
HELD AT LUGANVILLE/SANTO
(Criminal Jurisdiction)

Criminal Case No. 40 of 1998
(File No. 8 of 1998)

PUBLIC PROSECUTOR

-v-

l. CHANNEL SOKSOK
2. PAUL BERNARD
3. JEAN LAURENT EVONG
4. PAUL BATICKSUVON ROBERT
5. DONATIEN BATICK AKONE
6. PATRICK MARKOTH
7. DENNY LOCKVARO

Coram: Mr Justice Oliver A Saksak
Cynthia Thomas - Clerk

Counsel: Mr Willie Daniel - for Public Prosecutor
Mr Hillary Toa - for the Defendant

Pleas: Count 1 - Rape contrary to section 91 PCA.
Jean Laurent Evong, Paul Batick Evong, Paul Batick Suvon Rober, Bonatien Batick Akone and Patrick Markoth plead not guilty to the charge.

Count 2 - Attempted Rape contrary to section 28 and section 91 PCA.
Denny Lockvaro plead not guilty to the charge.

Count 3 - Complicity to Rape - contrary to section 30 and 91 PCA.
Channel Soksok and Paul Bernard plead not guilty to the charge.

These accused have been in custody since 17th October 1997. Mr Toa raised a concern to the Court that the accused Paul Bernard has no statement before the Court. He submitted that on that basis he should be excluded. Mr Daniel objected on the basis that the accused is implicated in the other accused's statements and should therefore remain. I agree with Mr Daniel but I think that it is appropriate the accused be bailed on certain conditions.

In the circumstances I order as follows:-

(1) That the trial date be fixed for 13th October 1998 at 0900 hours.

(2) All the accused except Paul Bernard be remanded in custody and be brought up for the trial on 13th October, 1998.

(3) Paul Bernard be bailed on the following conditions:-

(a) That he not leave Luganville;

(b) That he reports to the Police Station on Wednesdays and Saturdays each week at 0800 hours until trial;

(c) That he not interfere with any prosecution witnesses;

(d) That he must appear before the court at 0900 hours on 13th October, 1998.

DATED at Luganville, this 18th day of August, 1998.

BY THE COURT

OLIVER A. SAKSAK
Judge of the Supreme Court