PORT VILA: (Vanuatu Daily Post/Pacific Media Watch): Daily Post publisher Marc Neil-Jones has written to the Minister of Justice and Chairman of the Judicial Services Commission, Ralph Regenvanu, voicing concern over the refusal of Public Prosecutor Kayleen Tavoa to step down from handling the prosecution of Minister Harry Iauko and others over his alleged assault in the Daily Post office on 4 March.
Neil-Jones’s letter on May 31 stated: “We believe that she should not be handling this case as she has a conflict of interest in that she can be accused of real and/or apprehended bias.
“Of particular concern is the fact that she has been having an extra-marital affair with someone who is a very close friend of Harry Iauko.
“He meets with them regularly and drinks kava with them frequently.
“This affair has been going on for only a few weeks and was commenced after Mr Iauko and Mr Ngwele were charged.
“The details of the affair are confirmed by family members who have voiced concern over this relationship and the timing of it.
'Appearance of bias'
“Normally an extra-marital affair would not be newsworthy or deserving of any public interest but this affair clearly shows a possible bias and certainly an appearance of bias leading to a conflict that should preclude the Public Prosecutor from having anything to do with this case.
“Furthermore, given the seriousness of this case, we submit that the Public Prosecutor staff do not have sufficient experience nor authority to be able to deal with the inevitable political pressure, nor do they necessarily have the legal experience to properly bring forward such prosecution.”
In addition, concerns have been raised over threats and intimidation directed at the handling the case by the Police State Prosecution Office.
Gray Vuke is the officer handling the case and he has voiced his concerns to various ni-Vanuatu lawyers over pressure, and alleged threats and intimidation over the prosecution regarding this case, leaving Vuke in a difficult position and reportedly fearing for his job.
The Daily Post publisher requested the Judicial Services Commission intervene to allow him to appoint a local private practitioner to prosecute this case, Marie-Noelle Patterson.
"We would also be using, as needed, the services of the Australian National Pro Bono Legal Resource Centre to assist us with this case.
“We believe that it will be difficult for the Public Prosecutor’s Office to do their job without threats and intimidation and it would be in the interests of Vanuatu justice to ensure that there be a fair trial.
“We proposed to retain a lawyer admitted to practice in Vanuatu to prosecute these charges as a private prosecution.
“This is a process allowed for and has been used in the past and requires the consent of the Public Prosecutor.
Hearing date looming
“We ask that that consent be given to us as soon as possible as the next hearing date is being set down for 10 June 2011.”
The Ministry of Justice investigated the claims in the letter and found them true and the Public Prosecutor in a lengthy response to the Minister for Justice stated: “The office of the Public Prosecutor is staffed with competent and experienced lawyers specialised in the areas of prosecutions.
“Further and with regard to the State Prosecutions Office, they are also staffed by practical experienced prosecutors who have been prosecuting cases on a daily basis on charges which Iauko and other defendants are being charged with.
“I have full confidence in both offices being able to discharge the functions and powers of the Office of the Public Prosecutor in a proper manner and in accordance with the law.
“I stand by my decision not to appoint a private practitioner to have carriage of the Iauko assault case.
“In any case, being prosecuted [by] the Office of the Public Prosecutor acts on behalf of the State and not on behalf of the complainant.
“It would seem that Neil-Jones letter of 31 May is an attempt to influence the decision of the Office of Public Prosecutor through the use of the Ministry of Justice to ensure a Prosecutor of the complainant’s own choice.”
The Public Prosecutor said Marie-Noelle Patterson had no prosecution experience whatsoever and advised: “With respect, the local ni-Vanuatu prosecutors have more practical legal experience in the area of prosecutions than Mr Neil-Jones’s choice of prosecutor.
Prosecutor used to 'threats'
“As regards allegations of threats and intimidation of State Prosecutors and staff of the office of Public Prosecutor, such circumstances under which our prosecutor’s work is a common occurrence and is part of the job hazards of being a prosecutor.
“In fact, this situation continues to increase and security issues as regards workplace safety have to be addressed.”
But Neil-Jones said: “The Public Prosecutor’s office is paid for by the government and there is already a conflict of interest taking a government minister to court.
“She said herself that the office of the PP acts on behalf of the State.
“With her friendship with a close friend of Iauko, now common knowledge, she should step down from handling it as it is a clear conflict.
“All I want is justice and this stinks.
“I have concerns that the police have yet to finish doing their job and the State Prosecution have not followed up on my concerns over getting a further witness statement from my editor Royson Willie in identifying people involved in the assault.
“He is our most important witness and it weakens the case if they do not have this statement.
“The charges being leveled at the minister I feel should include 'aiding and abetting an assault' and my questions of a formal charge of breach of the Leadership Code by Iauko have so far remained unanswered.
Wide attention
“This case is attracting a lot of attention all around the region.
“Let justice prevail and if the PP does her job properly and fairly I believe we have a strong case against the minister.
“If she has a conflict she should get someone else who is competent to handle it and not simply ignore the concerns over apprehended bias.
“The pressure is now on her to perform correctly as I will ensure there is widespread media coverage on the case.”
Pacific Media Watch
