Walvilo v Public Prosecutor

Court Court of Appeal

Case type Criminal Appeal

Case number 3447 of 2020

Hearing date 09 Feb 2021

Decision date 09 Feb 2021

Official PDF document

Judge(s) Chief Justice Vincent Lunabek; Justice John Mansfield; Justice John Hansen; Justice Oliver Saksak; Justice Gustaaf Andrée Wiltens; Justice Dudley Aru

Appellant(s) Joe Walvilo; Zedrick Walvilo; Joshua Walvilo; Peter Walvilo; Nick Walvilo

Respondent(s) Public Prosecutor

Counsel No appearance by or for the Appellants; Mr. Simcha Blessing for the Respondent

ORDER

1. Appeal dismissed for failure to comply with directions for preparation of appeal.

2. We direct the order dismissing the appeal to lie in Registry and not be sealed for 28 days from today’s date, with the intent that the appeal will then be dismissed unless the appellants in the meantime apply for an order to re-instate the appeal supported by material to explain satisfactorily why they did not comply with the directions for the preparation of the appeal and to show there is a reasonable prospect of success in their proposed appeal.

3. This order to be served on the Public Prosecutor (Mr Blessing) who has agreed to serve orders on the appellants, and to confirm to the Registrar when he has done so.

DATED at Port Vila this 9th day of February, 2021.

BY THE COURT

………………..……….
Hon. Chief Justice
Vincent Lunabek