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Loss of Case File in Public Prosecutor's Office, Luganville [2003] VUOM 7; 2003.09 (26 May 2003)

REPUBLIC OF VANUATU

OFFICE OF THE OMBUDSMAN

PMB 9081
Port Vila
PORT VILA

PUBLIC REPORT

ON THE

LOSS OF CASE FILE IN PUBLIC
PROSECUTOR'S OFFICE, LUGANVILLE

26 May 2003

0221/2003/09

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PUBLIC REPORT ON THE
LOSS OF CASE FILE
IN PUBLIC PROSECUTOR’S OFFICE

TABLE OF CONTENTS

1. JURISDICTION
2. PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED
3. RELEVANT LAWS
4. OUTLINE OF EVENTS
5. RESPONSES BY THOSE WITH FINDINGS AGAINST THEM
6. FINDINGS
7. RECOMMENDATIONS
8. INDEX OF APPENDICES

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1. JURISDICTION

1.1 The Constitution and the Ombudsman Act allow the Ombudsman to look into the conduct of government and government agencies.

1.2 The Ombudsman can also look into defects in laws or administrative practices, including practices within the office of the Public Prosecutor.

2. PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED

2.1 The purpose of this report is to present the Ombudsman’s findings as required by the Constitution and the Ombudsman Act the Ombudsman Act.

3. RELEVANT LAWS

Relevant parts of the following laws are reproduced in Appendix C.

OMBUDSMAN ACT NO.27 OF 1998.

4. OUTLINE OF EVENTS

4.1 On 12 or 13 March 1999 Mr Eugene Tabi was driving his Toyota Hilux, registered no. 4236, when it was involved in a collision with a taxi at the airport turn-off outside Luganville, Santo.

4.2 In the days immediately following the accident, police took a statement from Mr Tabi and a report on the incident was prepared by Sgt. Obi Ken, OIC Traffic, Luganville.

4.3 Staff in the Public Prosecutor’s office in Luganville subsequently opened a prosecution file relating to the accident, containing Sgt. Obi Ken’s report.

4.4 The Santo office no longer has any record of the file and it is claimed that the file was transferred to the office of the Public Prosecutor in Vila.

4.5 The Vila Office of the Public Prosecutor has no record of receiving a file relating to Mr Tabi or the collision.

5. RESPONSES BY THOSE WITH FINDINGS AGAINST THEM

5.1 Before starting this enquiry, the Ombudsman notified all people or bodies complained of and gave them the right to reply. Also, a working paper was provided prior to this public report to give the individuals mentioned in this report another opportunity to respond.

5.2 No responses were received to the working paper.

6 FINDINGS

6.1 Finding 1: The system for tracking files and file transfers in the Luganville Office of the Public Prosecutor was inadequate during 1999.

6.1.1 The Luganville office does not have records to show conclusively whether the case file was sent to Vila or, if it was, when.

6.1.2 Correspondence from the Public Prosecutor’s office acknowledges that at least one other file is known to have gone missing from the Santo office (see Appendix A).

6.2 Finding 2: The office of the Public Prosecutor is presently implementing an improved administration system in the Luganville office.

6.2.1 The Public Prosecutor has informed the Ombudsman that an officer is presently working in the Luganville office to establish a proper administration system (see Appendix B). This is to be commended.

6.3 Finding 3: The Ombudsman is unable to make any findings on the system for tracking file in the Public Prosecutor’s Vila office.

6.3.1 Because of the lack of system then in place, it is possible that the case file in question was never sent to Vila, in which case the Vila office’s records showing the file did not arrive would be accurate.

6.3.2 The Ombudsman also notes the Public Prosecutor’s assurance that the Vila office has strict rules relating to recording incoming files and accepts this statement as accurate (see Appendix A & B).

6.4 Finding 4: The Ombudsman notes that the Public Prosecutor’s office in Santo is insecure, without proper locks on windows and doors.

7. RECOMMENDATIONS

7.1 Recommendation 1: The work being undertaken in the public prosecutor’s office to implement a full system for keeping track of file movements should continue.

7.2 Recommendation 2: Security should be improved in the Public Prosecutor’s Santo office to ensure that files cannot be lost through theft.

7.3 Recommendation 3: The Ombudsman is aware of a donor-funded Legal Sector Strengthening Project being undertaken in the Office of the Public Prosecutor and expresses the hope that this project will assist the Public Prosecutor’s office to design and implement proper administrative system for its branch office in Luganville.

Dated the 26th day of May 2003.

Hannington G ALATOA
OMBUDSMAN OF THE REPUBLIC OF VANUATU

8. INDEX OF APPENDICES

A Copy of letter dated 7 May 2002 from Office of the Public Prosecutor to the Ombudsman.

B Copy of letter dated 2 august 2002 from Office of the Public Prosecutor to the Ombudsman.

C Relevant laws.