Vanuatu MP's bid to re-instate pardons fail

Transcript

Vanuatu's Supreme Court has ruled that the speaker of parliament, Marcellino Pipite's, move to pardon himself and 13 other MPs earlier this month was unconstitutional.

That clears the way for 15 MPs who were convicted of bribery to be sentenced on Thursday, in a decision that could throw great uncertainty over the government of Prime Minister Sato Kilman.

Jamie Tahana has been following the case.

JAMIE TAHANA: This all stems from the speaker of parliament Marcellino Pipite's decision, when he was acting president, to pardon himself and 13 other MPs who were convicted of bribery earlier this month. The president, Baldwin Lonsdale, overturned those pardons, but three of the MPs whose pardons were overturned, health minister Serge Vohor, Tony Wright and Jonas James, challenged that in the Supreme Court this week, arguing that Father Lonsdale's revocation was unconstitutional.

DON WISEMAN: Okay and Justice Oliver Saksak brought down his reserved decision today, what did he say?

JAMIE TAHANA: Well he rejected that argument, he agreed with Father Lonsdale's lawyers who argued that the President has the power to revoke a pardon, and it was the MPs who acted unconstitutionally because he says a pardon can only be used when all other legal avenues have been exhausted - which hasn't been done in this case.

DON WISEMAN: And there was a second issue that Justice Saksak was considering.

JAMIE TAHANA: Yes, and that was a second challenge by the opposition which claimed that Mr Pipite's decision to go ahead with the pardons was unconstitutional.

DON WISEMAN: This as major as it is is still just one part of this remarkable labyrinth of criminality or alleged criminality isn't it?

JAMIE TAHANA: Yes, because 11 of these MPs who took the challenge this week were arrested on Friday and spent the weekend in jail and now they face conspiracy to defeat the course of justice charges for their role in this pardoning, and they will continue to face this charge after this ruling.

DON WISEMAN: The next stage in it, is that on Thursday they''ll be in court for sentencing on those original charges.

JAMIE TAHANA: Yes, so before the previous two parts of this there was the original charge that they had given and received bribes led by Moana Carcasses, who's now deputy prime minister for supporting a motion of no confidence to roll the previous government last year so 14 of the MPs who were convicted a couple of weeks ago plus another MP, Willie Jimmy, who had earlier pleaded guilty will all be in the Supreme Court at 10 o'clock this morning local time, where they will be sentenced. They face a maximum of 10 years in prison. Now Moana Carcasses has already said the MPs will appeal the charges.

DON WISEMAN: Potentially we have 15 MPs who could be jailed, we've got a 52 seat parliament, it leaves a big hole doesn't it.

JAMIE TAHANA: Indeed and under law they'll lose their seats on sentencing and that means half the government is gone, quarter of the parliament so that brings about uncertainty as in will there be 15 by-elections, will the president call a snap election and there has already been a move by the opposition this week to pass a motion of no confidence in the government, which has so far been stymied.