Supreme Court
REFUSAL FOR BAIL APPLICATION
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1. Before I proceed, I take it that the Defence counsel does not oppose Ms. Lunabek to appear for the Public Prosecutor on a bail application before me.
2. This is an application for bail of the defendant. The accused was charged with unlawful entry into a non-dwelling house, contrary to section 143 of the Penal Code {CAP 135, theft, contrary to section 125 of the Penal Code [ CAP 135] and malicious damage to property, contrary to section 133 of the Penal Code [ CAP 135].
3. The offences are alleged to have been committed in Santo. The pleas are yet to be taken in Luganville, Santo (in April 2026)
4. The accused Stanley Iaput is alleged to have committed the offence of theft against the complaint in Port Vila whilst waiting for pleas in Luganville, Santo.
5. He has been remanded since 29 October 2025.
6. The grounds for the bail are those:
a) There is no risk that the accused will fail to appear in court.
b) There is no risk that the accused will interfere with the prosecution witness.
c) There is no risk that the accused will commit further offences whilst on bail.
d) The nature of the offence with which the defendant is charged is serious offence of 12 years imprisonment maximum.
e) The strength of the evidence and probability of conviction is that the case is currently set for a preliminary inquiry.
7. If bail is granted the accused will be under bail conditions including that he will reside at Blacksand area wit his surety. He must remain in Port Vila; he must not leave the Island of Efate and he will sign up at the Police station every Fridays between 8:00 am and 4:30 pm.
8. The Prosecution apposed this bail application.
9. The Prosecution points out that despite the mitigation of the risk of re-offending while on bail, the facts set in this case illustrate that the risk exists and that risk is real with this accused as the accused is alleged to re-offend while on bail which breached his bail conditions at the same time.
10. The Prosecution has a basis for their opposition to this bail application. This accused whilst waiting to stand for pleas in the Court in Luganville, Santo for the criminal offences of unlawful entry, theft and malicious damage to property, he was alleged to re-offend in Port Vila by committing similar offences he was faced in the Court in Luganville. This is the first reason to refuse the bail application.
11. The second reason to refuse the bail application is that the preliminary enquiry is yet to be conducted. So, at this stage of the bail consideration, the court cannot assess the strength of the evidence and probability of conviction as there is none before the Court as a condition of his bail.
12. Based on the above considerations, the application for bail for accused Stanley Iaput, is refused. Those are the reasons for refusing the accused’s bail application. DATED at Port Vila, this 2nd April, 2026.
BY THE COURT
Hon. Chief Justice Vincent Lunabek