Conspiracy case against Natuman, Maralau set for 31 Oct

A new date for the conspiracy case against Vanuatu Deputy Prime Minister Joe Natuman and former acting police commissioner, Aru Maralau, has now been set for 31 October 2016.

The new date was set during a pre-trial hearing this morning.

Prosecution says over 20 witnesses will testify against the duo while the defense counsel saw it unnecessary to have too many witnesses. They affirm their confidence by saying they needed only three days for the trial. 

In this case, the burden of the prosecution is to attempt to provide all necessary evidence to prove beyond reasonable doubt that Mr Natuman did conspire to defeat the course of justice when he instructed Mr Maralau through a letter to suspend investigations into the police munity case.

Mr Natuman is facing charges under the Penal Code Act Section 79 (c) “obstruct or in any way interfere with or knowingly prevent the execution of any legal process civil or criminal”.

Prosecution will also attempt to prove that Mr Maralau was complicit, (that is he aided, counseled, or procured Mr Natuman) in his (Natuman’s) obstruction of, or knowing interference with the execution of legal process.

Defense counsels will be relying on an earlier Supreme Court opinion that “There appears to have been some confusion in the way the case was argued before the Learned Chief Magistrate because although the prosecution has proceeded under section 79 (c) they appear to have argued their case as if it were a charge under 79 (a) or preventing process before the court”.

Defense will also be relying on the reasons for the previous prosecutors to declare the case “nolle prosequi” or to discontinue the case.

Meanwhile, sources close to the defense say an application for judicial review might be filed before the due date for hearing to ask the court to discontinue the case.

 

Photo: Deputy Prime Minister Joe Natuman (left) and former acting Police Commissioner, Aru Maralau

     

Author: 
Harold Obed