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Vanuatu Ombudsman's Reports |
REPUBLIC OF VANUATU
OFFICE OF THE OMBUDSMAN
PMB 081
PORT VILA
PUBLIC REPORT
ON THE
ALLEGED THREATENING, INTENTIONAL ASSAULT, DAMAGE TO PROPERTY & BREACH OF THE LEADERSHIP CODE
BY
HON. STANLEY REGINALD
DEPUTY PRIME MINISTER
& MINISTER OF PUBLIC UTILITIES
0145/2000/06
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PUBLIC REPORT ON THE
ALLEGED THREATENING, INTENTIONAL ASSAULT, DAMAGE TO PROPERTY, & BREACH OF THE LEADERSHIP CODE
BY
HON. STANLEY REGINALD
DEPUTY PRIME MINISTER
&
MINISTER OF PUBLIC UTILITIES
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TABLE OF CONTENTS
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PREAMBLE:
'No one is above the law, we are all equal under the law'
SUMMARY
A leader holds a position of influence and authority in the community. He must behave fairly and honestly in all his dealings with his colleagues and other people. He must comply with and observe the laws that affect the role and area of his leadership. A leader must not demean his position, allow his integrity to be called into question and must avoid behaviour that is likely to bring his name or position into disrepute. This report is an illustration of how one such leader allegedly failed to observe these leadership principles and qualities as a result of which he could become a victim of his actions.
Mr. Stanley Reginald, was at that time Deputy Prime Minister and Minister of Public Utilities, when he entered the Sunset Bar, at the Melanesian Hotel in Port Vila between 10.30 – 10.45pm on 30 March 2000. He was already drunk when he walked into the bar. When he suddenly saw Mr. Roy Wilson (with whom he may have some personal differences) sitting at the bar, he started yelling at him and using abusive words walked straight to the table where Mr. Wilson was sitting and physically assaulted him. When Mr. Henry Boe, a customer in the bar tried to calm him down, he turned his anger onto Mr. Boe and assaulted him too. It was during this time that he drove his hand through the glass door of the bar and damaged it completely.
Later that same evening, Mr. Wilson accompanied by his wife and younger brother, went to Mr. Reginald’s residence with an intention to try and resolve the situation that happened in the Sunset Bar. Instead, on their arrival at his residence, Mr. Reginald instructed his security guards to assault them and he also gave orders for his personal guards to shoot to kill them. His security guards who were also all drunk, followed Mr. Reginald’s orders and assaulted the above persons.
In the enquiry, the Ombudsman found that Mr. Reginald had allegedly committed several criminal offences under the Penal Code which may also lead to the breach of the Leadership Code. Mr. Reginald was found to have intentionally assaulted and caused bodily harm to Mr. Roy Wilson and Mr. Boe and he intentionally or mistakenly damaged the door of the Sunset Bar. He also knowingly gave direct, and oral instructions to his security guards to assault and to threaten to shoot and kill Mr. Wilson, his brother and his wife. It was further found that the police officers, who were the security guards accompanying Mr. Reginald on that night may have also committed the criminal offences of intentional assault and threats to kill. Mr. Reginald, being a leader and having allegedly committed the above criminal offences is also held to have breached the Leadership Code.
Following the findings made above, the Ombudsman has made the following recommendations:
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1. MAIN ISSUES IN THIS WORKING PAPER
1.1 Alleged threatening, intentional assault, disorderly behaviour in a public place, damage to property and breach of the Leadership Code.
2. JURISDICTION
2.1 The Constitution, the Leadership code Act (LCA) and the Ombudsman Act allow the Ombudsman to look into the conduct of Government related bodies and leaders. In this report, the Ombudsman Act and the Leadership Code Act give power to the Ombudsman to inquire into the alleged misbehaviour and conduct of Mr Stanley Reginald, former Deputy Prime Minister & Minister of Public Utilities in the Government of the Republic of Vanuatu. All the Ministers of State come under the jurisdiction of the Ombudsman for enquiry if a complaint is received against them.
3. PURPOSE, SCOPE AND METHODS USED IN THE INVESTIGATION
3.1 The purpose of this report is to provide the obligations and duties laid down in Article 62 of the Constitution, s 11(2) of the Ombudsman Act and s 34(1)(2) of the Leadership Code Act. Having given the opportunity to the Minister concerned and his witnesses to respond to the content of this paper, it appears that the outstanding issues are not resolved. As the result of this, the Ombudsman has the responsibility given by the Constitution, the Ombudsman Act and the Leadership Code Act to issue a public report and make recommendations to appropriate authorities to help resolve these issues.
3.2 The scope of this paper is to establish the findings and facts of the allegation that were revealed during the process of our investigation. The main issues identified during the enquiry were; alleged threatening, intentional assault, disorderly behaviour in public place, damage to property and breach of the Leadership Code.
1.1 This Office collects information and documents through informal request, summons, letters, interviews ad research.
4. RELEVANT LAWS, REGULATIONS AND RULES
This working paper will focus on the following laws:
4.1 CONSTITUTION
Article 66 & 67 of the Constitution deal with the conduct and definition of a leader.
4.2 PENAL CODE ACT (CAP135)
Section 107, 115 & 133 deal with the criminal offences that may have been committed under this Act. These offences are intentional assault, threats to kill a person and malicious damage to property.
4.3 LEADERSHIP CODE ACT NO.2 OF 1998
Section 13(1)(a)(b)(c), 27(1)(a)(h) and s 28 which deal with duties of the leaders, offences committed under the Penal Code may also be committed under the Leadership Code Act and provision for leaders to obey and abide to all laws that give the leaders duty, obligation and responsibility.
(The full text of the laws is attached in Appendix 'H')
5. OUTLINE OF EVENTS
5.1 Mr. Reginald was the Deputy Prime Minister and Minister of Public Utilities when this incident happened on 30 March 2000. He resigned from the position as Deputy Prime Minister on 11 August 2000. However, he still holds portfolio of the Ministry of Public Utilities at the this report is published.
5.2 At about 10.30 – 10.45 pm on 30 March 2000, Minister Reginald walked inside the Sunset Bar in the Melanesian Hotel in Port Vila. He was reported to be already very drunk when he entered the bar.
5.3 Shortly after he entered the bar, Mr. Reginald saw Mr. Roy Wilson and his brother,
Mr. Freddy Wilson, who were already sitting at the Bar. At that instant, he started yelling and using abusive words walked straight
to the table where Mr. Roy Wilson was sitting and threw two punches at Mr Wilson’s body and head. Mr. Wilson remained calmly
sitted on his chair and did not retaliate.
5.4 Mr. Roy Wilson only asked Minister Reginald why he did this to him. Mr. Reginald answered by asking Mr. Wilson to come outside of the bar to solve the issue. (The cause of the dispute is not known). Mr. Reginald’s security guards were all around him, trying to protect him.
5.5 Mr. Henry Boe, one of the customers in the bar, walked over to Mr Reginald and politely said, 'Excuse me Bigman, there are alot of people watching you and it is not proper for you to behave like this in the public'.
5.6 Mr. Reginald threw a hard punch to Mr. Boe’s chest. This punch was hard enough to throw Mr. Boe several metres backwards.
5.7 After punching Mr. Boe, Mr Reginald intentionally or mistakenly drove his right fist through a glass door of the bar and broke it completely.
5.8 Mr. Reginald was then rushed to the hospital by his security guards for medical treatment
5.9 At about 11.30 pm on the same night, Mr. Roy Wilson, his wife and his brother Mr. Freddy Wilson, went to the Minister’s house with an intention to ask the Minister to explain his earlier actions at the Sunset Bar.
5.10 Mr. Roy Wilson got out of the car when they arrived at the Minister’s residence and he asked the head security, Mr. Emil Bong to ask the Minister to explain the reason why he assaulted him at the Sunset Bar.
5.11 Mr. Reginald came out of his house and ordered Mr. Bong and his other security guards to assault and shoot Mr. Roy Wilson.
5.12 One of the security guards walked straight to Mr. Roy Wilson’s vehicle and removed the key of the vehicle. Mr. Bong then grabbed Mr. Wilson by the collar of his shirt and punched him in the face at close range.
5.13 Mr. Wilson claimed that the punch landed near his left eye and he fell down on the ground. That punch later left his left eye closed (Refer to Appendix 'A'). He was then kicked around by the security guards who were all very drunk.
5.14 Mr. Reginald also ordered his security guards to physically assault Mr. Roy Wilson’s wife. Mrs. Wilson claims that she was punched by one of the guards and she fell back into the vehicle.
5.15 The security guards then dragged Mr. Freddy Wilson out of the vehicle and assaulted him. He received punches to his face and body that caused a gashing wound above his left eyebrow (Refer to Appendix 'A')
5.16 On the night of 30 March 2000, immediately after the incident, Mr Jimmy Mera, an employee at 'The Melanesian' Hotel was at the front desk when he heard the noise of the broken glass. He went to the Bar and noticed that the glass door of the Bar was broken and blood was spilled everywhere near the broken door. He claimed that he rang the Police Station two times but there was no response. He sent the driver of the Hotel to the Police Station to bring the police officers. When the police officers arrived at the scene, Mr Reginald was already taken to the hospital (Refer to Appendix 'B' for details)
5.17 On 31 March 2000, Mr. David Saul, the Restaurant & Bar Operation Manager at 'The Melanesian' hotel filed a written complaint against Mr. Reginald at the Police Station. The Police Constable confirmed to have received the complaint statement form submitted by Mr. Saul. He had passed the complaint to the Police Investigation Section for enquiry. The police officer’s name is being withheld at his request. (Refer to Appendix 'C').
5.18 On the same day, Mr. Andre Simon, the Bar Attendant at the Sunset Bar also filed a written complaint against Mr. Reginald to the Police. The Police Constable whose name is being withheld at his request, also confirmed to have received the complaint statement form submitted by Mr. Simon. He had passed the complaint to the Police Investigation Section for enquiry. (Refer to Appendix 'D').
5.19 On 14 April 2000, Mr. Henry Boe, who was a victim of the assault filed a written complaint against Mr. Reginald with the Police. The Police corporal whose name is being withheld confirmed to have received the complaint form. He submitted the form to the Police Investigation Branch for enquiry (Refer to Appendix 'E' for details)
5.20 On 16 May 2000, Mr Reginald confirmed the allegation to the Office of the Ombudsman. In a letter to this Office, he confirmed that he had instructed his security guards to assault and shoot to kill Mr. Roy Wilson, his wife and Mr. Freddy Wilson. (Refer to Appendix 'F' for the Minister’s letter)
6. RESPONSES OF THOSE FROM WHOM INFORMATION WAS SOUGHT DURING THE ENQUIRY AND THOSE WHOM OPPORTUNITY WAS GIVEN TO RESPOND AND/OR, RESOLVE THE ISSUE.
The following responses were received following this enquiry:
6.1 Mr. Sydney Grace, the General Manager of 'The Melanesian' hotel confirmed that the glass door on the right side of the Sunset Bar was broken. He stated that according to the employees who were working in the Sunset Bar on the night of 30 March 2000, the former Deputy Prime Minister, Mr. Stanley Reginald broke the glass door with his fist during an argument between him and another customer.
Mr Grace also confirmed that the actions of Mr. Reginald on that night (30/03/00) had a great negative impact on the business of the Hotel. On every Thursday, the Sunset Bar usually closes between 1.30 –2.00 am. However, on that Thursday, 30 March 2000, the Bar was forced to close down at 10.45 PM because of the irresponsible behaviour and damage to the door by Mr. Reginald. Mr. Grace also claimed that the Bar had a lot of customers (40 – 60 people) at that time but it was forced to close due to this incident, thus, the Bar lost more than three (3) hours of business. The cost of the repair was Vt30,000 (Refer to Appendix 'G' for more details)
6.2 Mr. David Saul, the Bar & Restaurant Operation Manager at the Melanesian Hotel confirmed that he was on duty when the incident happened on the night of 30 march 2000. Mr. Reginald was already drunk before he arrived at the Sunset Bar. He also confirmed that Mr. Reginald assaulted two(2) customers of the Sunset Bar and not guests of the Hotel. He stated that when Mr. Reginald threw a punch at one of the customers (Mr. Boe), his hand missed him and went through the glass door.
6.3 Mr. Andre Simon, the barman at the Sunset bar confirmed that he was the witness to the assault and the damage to the Bar. He also confirmed that when Mr. Reginald and his securities entered the Sunset Bar, they were all drunk and they never paid for any drinks at the Bar. There were around 40 – 60 customers at the bar on that night of 30 March 2000. It was less than 5 minutes after they entered the Bar, when the former Deputy Prime Minister started shouting with angry voice at the Captain of MV Hula, Mr. Roy Wilson saying that 'Roy, why did you spoil my name, we come from the same area and you spoiled my name, now I will kill you'. Mr. Reginald threw two punches at Mr. Wilson but Mr. Wilson did not retaliate. He only asked why Mr. Reginald did that to him. The Minister’s security guards were all around him trying to defend him after he threw two punches at Mr. Wilson. Mr. Reginald then asked Mr. Wilson to went outside of the bar to solve the problem. While he was still speaking, someone stood up in front of the Minister and talked to him. The Minister may have got mad with what this person was telling him, so he threw a hard punch that sent this person some meters away. Suddenly just after this, Mr. Simon heard a 'bang noise'. He confirmed that Mr. Reginald drove his hand through the glass door and damaged it completely. The glass of the door cut his hand and blood was all over the floor near the broken glass door. He had to close the bar straight away.
6.4 Mr. Jimmy Mera, another staff at the 'The Melanesian' Hotel, confirmed that he was at the front office when he heard the noise of the broken glass. He went to the bar immediately and noticed blood spilled everywhere on the floor and the broken glass door. He immediately called the police station twice but there were no response. He sent the Hotel’s driver to the Police Station. When the police arrived, Mr. Reginald had already left.
6.5 Mr. Reginald responded to the allegations on 16 May 2000, he confirmed and admitted all the five (5) allegations made against him. The allegations admitted, are; intentional assault, damage to property, behave disorderly in a public place, give oral orders to assault and give instruction to threaten to kill. Mr. Reginald stated that his reason to orally instruct his guards to shoot to kill Mr. Wilson was because, he asked Mr. Wilson to go away and return the next day to solve the dispute but Mr. Wilson refused. He also stated that when Mr. Wilson entered through the gate, he asked for a fight. However, due to the injury to his hand that left him helpless if there was a fight, he ordered his guards to assault them.
7. FINDINGS
The Ombudsman has made the following findings in this case:
7.1 Finding 1: Alleged breach of the Leadership Code under the Constitution
Mr. Reginald was a leader under Article 67 of the Constitution at the time of the incident (He is still a leader at the time this report is being published). As a leader, he has a duty to conduct himself in such a way in his public and private life, so as not to demean his position and/or, allow his integrity to be called into question. Mr Reginald should not have misbehaved and become disorderly in a public place such as the Sunset Bar, where people of different nationality were present. His behaviour may have endangered and/or diminished the respect for and confidence in the integrity of the Government of the Republic of Vanuatu.
The Ombudsman found that Mr. Reginald’s behaviour at that time was disorderly, disruptive, threatening, causing bodily harm to other persons and omit damage to properties. Such behaviour by a leader in his status has raised questions of his integrity as the Deputy Prime Minister of Vanuatu. Also his behaviour might have endangered and diminished respect and confidence in the Government. It is very clear from our findings that Mr. Reginald actually breached the Leadership Code under the Constitution.
7.2 Finding 2: Alleged breach of s 107 of the Penal Code & s 27 (1)(a) & (2)(h) of the Leadership Code Act
Mr. Reginald may have breached s 107 of the Penal Code which says that, no person shall commit intentional assault on the body of another person. He was found to have intentionally assaulted Mr. Roy Wilson and Mr. Boe at the Sunset Bar. It was also found that if the court convicted him for any criminal offence under the Penal Code, he may also appear to have breached s 27(1)(a) of the Leadership Code Act No 2. of 1998 which says that a leader who is convicted by a court for an offence under the Penal Code is in breach of the Leadership Code. Section 2 (h) of the Code affirms the offence committed in s 107 of the Penal Code.
If it is proved beyond reasonable doubt that Mr. Reginald has committed a criminal offence under the Penal Code when he intentionally assaulted Mr. Wilson and
Mr. Boe in the Sunset Bar, it would therefore be held that he also breached the Leadership Code Act.
7.3 Finding 3: Alleged breach of s 115 of the Penal Code & s 13(1)(a)(b)(c) & s 28 of the Leadership Code Act
Mr. Reginald may have breached s 115 of the Penal Code which says that, no persons shall, knowing the contents thereof, directly or indirectly, cause any person to receive any oral or written threats to kill any person. He was found to have knowingly give direct oral instructions to his guards to threaten to kill Mr. Roy Wilson. Section 13(1) of the Leadership Code Act No.2 of 1998 says that a leader must comply with and observe the law. It further specifies that, a leader must comply with and observe any other enactment that affects the leader and the fundamental principles of leadership contained in Article 66 of the Constitution.
If it is proved beyond reasonable doubt in a court of law that Mr. Reginald has committed a criminal offence under the Penal Code when he knowingly gave direct oral instructions to his security guards to assault and threatened to shoot and kill Mr. Roy Wilson, his wife and Mr. Freddy (security guards of the Ministers were usually armed with pistols), it would therefore be held that Mr. Reginald might have also breached the Leadership Code Act.
7.4 Finding 4: Alleged breach of s 133 of the Penal Code and s 13(1)(a)(b)(c) & s 28 of the Leadership Code Act.
Mr. Reginald may have breached s 133 of the Penal Code which says that no person shall willfully destroy any property which is to his knowledge belongs to another. He was found to have intentionally or mistakenly used his hand to damage the glass door of the Sunset Bar. Section 13(1) of the Leadership Code Act No. 2 of 1998provides for leaders to comply and observe any enactment that gives the leaders duties, obligations, responsibilities and principles of leadership.
If it is proved beyond reasonable doubt in a court of law that Mr. Reginald intentionally or mistakenly used his hands to damage the glass door of the Sunset Bar and to his knowledge the property belonged to another person, he may be guilty of a criminal offence and also be held that his action was in breach of the Leadership Code Act.
7.5 Finding 5: Mr. Emil Bong and other security guards may have breached s 107 & s 115 of the Penal Code.
Mr. Emil Bong and the other security guards were instructed by Mr. Reginald to assault and threaten to kill the three members of the Wilson family. In doing so, Mr. Bong and the other guards had intentionally assaulted Mr. Roy Wilson, Mrs. Wilson and Mr. Freddy Wilson. They also threatened to shoot them with a gun. Section 107 of the Penal Code says that no person shall commit intentional assault on the body of another person. Also, s 115 says that no person shall directly cause any person to receive any oral threats to kill.
If a court of law proved beyond reasonable doubt that Mr. Bong and other security guards intentionally assaulted and used oral threats to kill the three Wilson family members, they may have committed a criminal offence under the Penal Code.
7.6 Finding 6: Delay and/or, non-action of the Police to investigate the complaint against the Minister of Public Utilities,
Mr. Stanley Reginald.
The three (3) complaints lodged to the police against Mr. Reginald were made on 31 March and 14 April 2000 after the above incidents happened at the Sunset Bar. At the time of publishing this report, the Public Prosecutor has confirmed that her office has not yet received any documents that would indicate any charges laid against Mr. Reginald by the police.
With this confirmation from the Public Prosecutor, the Ombudsman is now led to form an opinion that the police have failed in their statutory duties to carry out the investigation into this alleged criminal allegation against the Minister of State, Mr. Stanley Reginald. Such delay or non action by the police (6 months) to investigate this case continues to raise doubts in the public mind about the ability and the competence and potential conflict of interest of the Vanuatu Police Force. Also the delay may raise questions of 'are we all equal under the law'.
(For ease of Reference, the full text of all Laws mentioned in this Public Report are in Appendix 'H').
8. RECOMMENDATIONS
The Ombudsman has made the following recommendations, and request that the appropriate authorities resolve this matter.
Recommendation 1: That, the Prime Minister is requested to strip
Mr Reginald from holding any ministerial portfolios.
Recommendation 2: The Police Commissioner, Mr. Peter Bong must ensure with the officers of the Port Vila Police Station that the complaints lodged against the former Deputy Prime Minister, Minister of Public Utilities, Mr. Reginald on 31 March 2000 and 14 April 2000 has been recorded, investigated, charges laid and sent and/or, is in the process to be forwarded to the Public Prosecutor’s Office for prosecution.
Recommendation 3: That, if after receiving all the case documents from the Police on this issue, the Public Prosecutor is of the opinion that the former Deputy Prime Minister has breached certain provisions of the Penal Code, the case should go before the criminal court of law without delay.
Recommendation 4: That, if after receiving the Ombudsman’s Report, the Public Prosecutor is of the opinion that the former Deputy Prime Minister has breached the provisions of the Leadership Code Act and the provisions of the Penal Code Act, she must advise the Police Commissioner to conduct an enquiry into this allegations, based on this report, if the police have not yet conducted an investigation into the complaint lodged to them.
Recommendation 5: That, the Police Internal Investigation Office (IIO) conduct an enquiry into the alleged actions of Mr. Emil Bong and other security guards. If the enquiry finds that any of them has committed a criminal offence, the (IIO) should recommend for them, including Security Guard Emil Bong to face disciplinary actions within the Police internal rules, and/or, ensure that criminal charges are laid against them and referred to the Public Prosecutor for prosecution in a court of law.
9. CONCLUSION
9.1 In accordance with Article 63(2) of the Constitution and s 22 of the Ombudsman Act No. 27 of 1998, the Ombudsman requests the Prime Minister, the Police Commissioner and the Public Prosecutor to put the above recommendations into effect and also the President of the Republic of Vanuatu to look at the breaches of the Leadership Code and deal with the persons concerned.
9.2 The above persons are required to notify this Office within 30 days of the date of receipt of this report outlining what steps have been taken by them to implement the recommendations.
Dated the 10th day of October 2000
Hannington G. ALATOA
OMBUDSMAN OF THE REPUBLIC OF VANUATU
10. INDEX OF APPENDICES
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APPENDIX 'H'
RELEVANT LAWS, REGULATIONS AND RULES
CONDUCT OF LEADERS
Article 66.(1) Any person defined as a leader in Article 67 has a duty to conduct himself in such a way, both in his public and private life, so as not to-
(a) place himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised;
(b) demean his office or position;
(c) allow his integrity to be called into question; or
(d) endanger or diminish respect for and confidence in the integrity of the Government of the Republic of Vanuatu.
(2) In particular, a leader shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by sub article (1).
DEFINITION OF A LEADER
Article 67 For the purposes of this Chapter, a leader means the President of the Republic, the Prime Minister and other Ministers, members of Parliament, and such public servants, officers of Government agencies, the Ombudsman, a person appointed to a statutory authority or corporation, a director appointed by the Government to a corporation, company and organisation and other officers as may be prescribed by law.
INTENTIONAL ASSAULT
THREATS TO KILL PERSON
MALICIOUS DAMAGE TO PROPERTY
DUTIES OF LEADERS
(a) comply with and observe the law;
(b) comply with and observe the fundamental principles of leadership contained in Article 66 of the Constitution;
(c) comply with and observe the duties obligations and responsibilities established by this Code or any other enactment that affects the leader; and
UNDUE INFLUENCE
(a) another leader; or
(b) any other person holding public office;
so as to influence, or attempt to influence, the person to act in a way that is:
(c) in breach of this Code; or
(d) improper; or
(e) illegal; or
(f) against the requirements of the Act under which the person was appointed; or
(g) contrary in any other way to the requirement of the person’s office or position.
OTHER OFFENCES PUNISHABLE UNDER THIS ACT
(a) in breach of this Code; and
(b) liable to be dealt with in accordance with sections 41 and 42 in addition to any other punishment that may be imposed under any other Act.
(2) The offences are:
(h) a serious intentional assault;
OBEYING THE LAW
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