Supreme Court

Prime Minister Bob Loughman and his government walked out of parliament on Tuesday after Gracia Shadrak refused to let them debate a motion to remove him.

Mr Shadrak has fallen out with the government after agreeing to a motion to hear a vote of no confidence in Mr Loughman.

That is due to be heard next Monday, but the speaker's actions prompted his colleagues to try and remove him, and Mr Shadrak said that motion will also be heard next Monday.

Mr Asafo has since had a re-think on that piece and has now submitted a different view.

I now offer a newly revised legal view on the issue regarding the constitutionality of the activation of Article 44(1A) of the Constitution and the resulting warrant issued by the Head of State to appoint one more woman to parliament.

This view reaches a different conclusion to my first initial view published earlier in the week on Thursday 22 April 2021.

Oracle, another tech titan, had sued Google in 2010 for copyright infringement over what it said was copied computer code.

Android is now used in an estimated 70% of global smartphones, and damages could have run into the billions.

But the Supreme Court let Google off the hook, overturning a lower court's decision it had infringed copyright.

The court ruled six to two in favour of Google.

At issue was whether Google's use of Oracle's Java API - a widely-used "building block" for programmers - counted as "fair use" under US copyright law.

Charlot Salwai is due in court to face bribery, corruption and perjury charges.

Former agriculture minister and Luganville MP, Matai Seremaiah, former health minister, Jerome Ludvaune and Tafea Outer MP Tom Korr, are also standing trial, although not for perjury.

The charges followed a complaint laid by former leader of the opposition and current deputy prime minister, Ishmael Kalsakau, last year.

Mr Salwai and Mr Seremaiah have already informed the Speaker they will not be present in this week's session of parliament.

As well as the Pentecost MP, three other former members of his government are also facing bribery charges.

These are the MP for Luganville and former minister of agriculture, Matai Seremaiah, former minister of health, Jerome Ludvaune, and former MP for Tafea Outer Islands, Tom Korr.

If the four accused plead not guilty the court is expected to set a date for trial.

The charges stem from complaints filed by the former leader of the opposition and now Deputy Prime Minister, Ishmael Kalsakau.

The signing was jointly officiated by the PM and both the Australian High Commissioner, Sarah de Zoeten and the New Zealand High Commissioner, Johnathan Shwass at the Office of the Prime Minister.

Through the partnership arrangement, the Vanuatu Government has provided VT 600 million and Australia and New Zealand have each contributed VT 300 million.

The total cost of the new Supreme Court Hall of Justice is VT 1.2 billion.

The High Commissioners have expressed their governments’ continued support to strengthen law & order and justice services in Vanuatu.

The case would proceed via the AVL video conferencing platform to connect with Fiji.

Fijian lawyer, Filimoni Vosarogo, is representing Mr Salwai.

The former Member of Parliament (MP) Tomker Netvunei, sought an adjournment until July 2020.

The application is based on the current difficulties with international travel and in preparation ahead of the hearing, as Mr. Vosarogo had anticipated being able to return in time to prepare for the hearing, and accordingly, did not take with him the material he required.

The Chief Registrar said the petitions are the result of a conference held by the Supreme Court over the past week.

The conference is satisfied enough there is a case to be heard in each of the petitions.

There are three government ministers and the current Speaker of Parliament who will be defendants in the election petitions.

Monday was the last day to submit electoral petitions.

The electoral office had rejected Joe Natuman's application, because he's still serving a suspended sentence that saw him lose his seat in Parliament in 2018.

Joe Natuman's two year suspended sentence lapses on 16 March - three days before the election.

Under the law, Natuman would be allowed to contest the election after this sentence lapses.

But the electoral commission rejected his application on the grounds that he was still serving his sentences when the deadline lapsed.

The Speaker, Seoule Simeon, ruled that Gracia Shadrack, the MP for Malekula, should lose his seat for missing three consecutive sittings.

Mr Shadrack was alleged to have not advised the clerk of Parliament about his absences.

But he claimed he had submitted his medical certificate on time to show that he could not attend Parliament because he was sick.

The Opposition MP challenged the Speaker's decision in the Supreme Court.

Vanuatu's Chief Justice Vincent Lunabek has made a ruling, allowing Mr Shadrack to resume his duties in Parliament.