Supreme Court: Pardon Instrument Unconstitutional

THE SUPREME COURT OF VANUATU has quashed the Pardon Instrument that Pipite had signed on 10 October, Justice Saksak declared it unconstitutional and ruled that Presidents Revocation Order is constitutional.

“Mercy is not the subject of legal rights. Mercy begins when legal rights end”, Justice Saksak stated in Court this afternoon when referring to the power to pardon.

In brief, the Judge explained that there is a difference between Functions and Power when referring to the letter that the President issued to Marcelino Pipite to act as the Acting President while in his absence.

In the letter the President transferred his Functions and not his Power, therefore Marcelino had exploited his position, at that time, to pardon himself and the other convicted MP’s.

More details of the court judgement will be published soon.

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