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Public Prosecutor v Moses; Public Prosecutor v Moli; Public Prosecutor v Kalter [2000] VUSC 50; Criminal Case No 008 of 1997, 011 of 1997, 013 of 1997, 018 of 1997 (28 August 2000)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

Criminal Jurisdiction
CRIMINAL CASE Nos: 08 of 1997
11 of 1997
13 of 1997
18 of 1997

PUBLIC PROSECUTOR

-v-

Fred Moses and Others

PUBLIC PROSECUTOR

-v-

Tahi Moli
John Tokole and Others

PUBLIC PROSECUTOR

-v-

Michel Kalter
Marcel Tokone and Others

Coram: The Acting Chief Justice Vincent Lunabek J

Counsel: Ms Kayleen Tavoa for the Prosecution
Mr Stephen Joel, Public Solicitor for the defendants

SENTENCE

This is the sentencing in respect of the kidnapping of the Senior Police Officers and Senior Members of Vanuatu Mobile Force (V.M.F.) which took place on 12 October 1996 by the defendants who are Junior Members of Vanuatu Mobile Force and also members of Stand Down Group (S.D.G.).

Each and all defendants were brought to Court and convicted on charges of Kidnapping contrary to section 105(b) of the Penal Code Act [CAP 135] and two of the defendants were also convicted of the offence of Unlawful Possession of the Firearms, contrary to section 29 of the Firearms Act [CAP 198].

However, each defendant appears in Court on the basis of separate and distinct charges and information.

On 8 September, 1999, the defendant Fred Moses was found guilty of two (2) offences of kidnapping, contrary to section 105(b) of the Penal Code Act [CAP 135].

The first count of kidnapping was in respect to the kidnapping of Lieutenant Alick Ishmael and the defendant was convicted accordingly.

The second count of Kidnapping was in respect to the kidnapping of Captain Toara Fred Fakao, and the defendant, was convicted accordingly.

On 21 December, 1999, the following defendants: John Tokole and Tahi Moli were found guilty of two (2) separate counts of kidnapping, contrary to section 105(b) of the Penal Code Act [CAP 135]. The first count was in respect to the kidnapping of the Deputy Commissioner of Police, Mr. John Bill Ierongen. The second count was in respect of the kidnapping of the Chief Inspector late Pakoa Samuel. Both defendants (John Tokole &Tahi Moli) were each convicted accordingly.

Both defendants (John Tokole & Tahi Moli) were also found guilty of the offence of unlawful possession of Firearms, contrary to section 29 of Firearms Act [CAP 198] and were convicted accordingly.

On 17 July, 2000 Defendants Michel Kalter and Marcel Tokone were found guilty of the offence of kidnapping Major Arnold Vira, contrary to section 105(b) of the Penal Code Act [CAP 135] and were both convicted accordingly.

I have had opportunity to hear and consider submissions made by Ms Kayleen Tavoa for the Prosecution and Mr. Stephen Joel for each and all convicted defendants.

The offence of kidnapping carries a maximum penalty of 10 years imprisonment. Offences of kidnapping are very serious offences.

The defendants are members of the Vanuatu Mobile Force whose duty is to provide security to the nation and to maintain peace, law and order in and for the National Community so that the Community places confidence and trust on them.

Another consideration is also placed on the fact that because offences committed are very serious indeed, the penalties to be imposed must be the appropriate ones which to preserve the trust of the Community in the criminal justice system.

I have also considered with care the submissions made by the Public Solicitor on behalf of each and all of the convicted defendants, their individual situation. I have taken also into account of the degree of each defendant’s participation and/or involvement into the commission of the offences as referred to above and I bear in mind of the circumstances in which these offences are committed.

I have finally taken into account the time factor from the commission of the offences until the sentence and the different sort of hardship each and all of the defendants have gone through and the lessons each and all of the defendants have learned from such unlawful behaviours, and

I make the following orders:

1. In Public Prosecutor versus Fred Moses and Others, Criminal Cases Nos. 8 of 1997 and 11 of 1997, sentence in respect to the kidnapping of Lieutenant Alick Ishmael, and kidnapping of Captain Toara Fred Fakao:

(a) Kidnapping of Lieutenant Alick Ishmael:

Fred Moses shall be sentenced to 24 months jail, which sentence shall be suspended for a period of 24 months, and provided you are of good behaviour, then, you shall not have to serve any period in jail.

(b) Kidnapping of Captain Toara Fred Fakao:

Fred Moses shall be sentenced to 24 months jail, which sentence shall be suspended for a period of 24 months, and provided you are of good behaviour, then you shall not have to serve any period in jail.

The sentence in the kidnapping of Captain Toara Fred Fakao shall be concurrent to the above sentence.

2. In Public Prosecutor versus Tahi Moli and John Tokole & Others, Criminal Case No.13 of 1997: sentence in respect to the kidnapping of the Deputy Commissioner of Police, Mr. John Bill Ierongen and Chief Inspector late Pakoa Samuel and sentence in respect to the conviction of the 2 defendants on unlawful possession of firearms.

(a) Kidnapping of the Deputy Commissioner of Police, Mr. John Bill Ierongen:

Tahi Moli and John Tokole shall each be sentenced to 24 months jail which sentence shall be suspended for a period of 24 months and provided each of you are of good behaviour then, each of you shall not have to serve any period in jail.

(b) Kidnapping of the Chief Inspector of Police, late Pakoa Samuel:

Tahi Moli and John Tokole shall each be sentenced to 24 months jail which sentence shall be suspended for a period of 24 months and provided each of you are of good behaviour then, each of you shall not have to serve any period in jail.

This suspended sentence shall be concurrent to the above.

(c) Unlawful possession of the firearms:

Tahi Moli and John Tokole shall be sentenced to 6 months imprisonment which sentence shall be suspended for a period of 12 months and provided each of you are of good behaviour, then each of you shall not have to serve any period in jail and the said sentence to be concurrent to the above.

3. In Public Prosecutor versus Michel Kalter, Marcel Tokone & Others, Criminal Case No.18 of 1997, sentence in respect to the kidnapping of Major Arnold Vira,

Michel Kalter and Marcel Tokone shall be sentenced to 24 months jail which sentence shall be suspended for a period of 24 months and provided each of you are of good behaviour, then each of you shall not have to serve any period in jail.

DATED AT PORT-VILA, this 28 DAY of AUGUST, 2000

BY ORDER OF THE COURT

Vincent LUNABEK J
Acting Chief Justice