Clik here to view.
Vanuatu’s Court of Appeal has dismissed two applications challenging the invocation of the leadership code on 2 of the 14 convicted politicians.
Former Finance Minister and Economic Management, Willie Jimmy Tapangararua, who is serving a suspended term of 20 months imprisonment for entering a guilty plea at the early stage of hearing and former parliamentary secretary, Silas Yatan, who is serving a three year jail term, had filed two separate applications claiming that the invocation is illegal in nature.
They claimed the invocation of the leadership code by prosecutions exposes them to a second round of court proceeding and is therefore a double punishment.
The appellants also put to the Court of Appeal that the convicted politicians were no longer leaders when the leadership code was invoked by the prosecution.
But their arguments failed to convince the nine-panel judges which consist of four Ni-Vanuatu judges and five expatriates.
The nine judges, after considering the arguments put before them by the appellants’ counsels, ruled yesterday that the argument is misconceived because no new offences were created.
The judges ruled that sections 41, 42 and 43 of the leadership code are not substantial, they are in a nature of sanctions because of the conviction of the bribery case.
The appeal was therefore dismissed.
Yatan, who was accompanied to court by correctional services officers, was later returned to behind the barbed wire fence of the correctional services while Jimmy who is still under suspended sentence, drove away home.
Last year on 7th December, Willie Jimmy was removed as Vanuatu's caretaker finance minister and with 14 jailed politicians banned from holding public office for ten years. This came about when Supreme Court Judge, Justice David Chedwynd granted a prosecution application that the Leadership Code be invoked.
All 14 men were convicted of bribery and corruption charges in October.
The court also granted the prosecution's request that parliamentary entitlements paid to the politicians cease as provided for under the Leadership Code.
But the invocation of the leadership code came a day late because the gratuity payments, which are made to MPs at the end of a parliamentary term, had already been paid to all 52 members of the outgoing parliament, including the 14 convicted former MPs.
Each of the former politicians received US$36,000 dollars. This sum is yet to be recovered from the convicted politicians.
Pic: Silas Yatan and Willie Jimmy walking solemnly away from the court house after the appeal court ruling
