Home | Databases | WorldLII | Search | Feedback Supreme Court of Vanuatu

  Download original PDF

Pantay v Public Prosecutor [2025] VUSC 19; Criminal Case 117 of 2025 (19 February 2025)

DECISION

1. This an application by Rannie Pantay to vary his bail conditions.
   
2. The application was filed on 6 February 2025 with a sworn statement of the applicant in support In his sworn statement, Mr. Pantay does not disclose what offences he is being charged with. Bail was granted by a Consent Bail Order endorsed by the Chief Magistrate on 27 December 2024. The conditions are as follows:
   
   1. The defendant be released on bail forthwith;
   2. The defendant shall forthwith surrender their passports to the Court;
   3. The defendant shall not leave the island of Santo;
   4. The defendant must not interfere with prosecution witnesses and Police investigations;
   5. The defendant must not reoffend whilst on bail;
   6. The defendant must sign at the Police station every Fridays between the hours of 800am and 430 pm; and
   7. The defendant shall be arrested and brought to Court for contempt if any of the conditions is breached.
      
3. The applicant seeks to amend order 3 to delete island of Santo and insert Vanuatu and order 6 so that he can sign in at the Police station in Port Vila.
   
4. The grounds for making the application are specifically stated in paragraph 4 and 5 of Mr Pantay’s sworn statement. First that he has been threatened by Richard Lo’s staff in Luganville when leaving his house and at night he was constantly under torch and laser lights on his house. Secondly Mr Pantay states that he feels unsafe and threatened in Santo and that he can no longer work and live there and wants the matter dealt with in Vila where he wants to reside as well.
   
5. The prosecution opposes the application on the basis that there is no evidence to substantiate the allegations. He has not made any complaints to the Police about any threats to his life. It was also submitted that the case is a Santo matter for which the prosecution in Santo is ready to progress. Mr Malcolm indicated that the matter is listed before the Senior Magistrate in Santo on 3 March 2025 at 900am in the morning.
   
6. I agree with the submissions opposing any variation at this stage. It was also submitted that the applicant is a flight risk. Although the variation is not sought on medical grounds, the applicant has attached a Medical Certificate which appears to have been obtained from a Doctor in the Philippines on 23 January 2025 after the bail conditions were imposed. Again, no evidence of any referral from a Doctor in Santo or from the Northern District Hospital is attached.
   

Result

7. The application to vary the bail conditions imposed on 27 December 2024 is therefore refused and is hereby dismissed.
   

DATED at Port Vila this19th day of February, 2025

BY THE COURT

...........................
Dudley Aru
Judge