Nine prisoners—including multiple sex offenders who preyed on children—were included in President Nikenike Vurobaravu’s sentence commutation order, despite having been explicitly rejected for parole just three months earlier.

The shocking revelation has raised serious concerns about the decision-making process behind President Nikenike Vurobaravu’s 2 May move to commute the sentences of 70 inmates, an order officially gazetted on the same date.

Among those listed was Gordin Favo, convicted of raping his 13-year-old relative, and Francois Kasso, who sexually assaulted his 13-year-old stepdaughter, threatened to kill her, and assaulted her, causing injuries. Also included was Sandy Malyalkon, convicted of indecency, sexual assault, and domestic violence against his daughter.

The following names are from the Board Minute, whose paroles were declined/deferred but were on the President’s list: Andrew Iamaneng; Malyalkon – indecency, sexual assault and domestic violence against daughter; Roseboyd Mark – sexually abusing 13-year-old victim; Philip and Obed Massing – possession, sale and supply of cannabis; Favo – raped 13-year-old relative; Christopher F. Brown – rape; Willie H. Cotton; Kasso – sexually assaulted his 13-year-old stepdaughter, threatened to kill her and assaulted her, causing injuries; and Fati Fanso Jimmy – possession of cannabis.

These inmates had all been deemed by the Parole Board in February as continuing threats to public safety.

The revelation follows public outcry from community leaders, including Peter Walker, co-founder of Wan Smolbag, who expressed horror upon discovering one of his own attackers had been listed for release without any notification to victims.

“The Parole Board exists precisely to determine whether prisoners have been rehabilitated and no longer pose a danger to society,” said John Malcolm, a leading criminal lawyer. “For the President to override these recent assessments without consultation suggests an extremely troubling disregard for public safety.”

Lawson Samuel, Secretary of the Vanuatu Law Reform Commission (VLRC), clarified that no committee had been formed under the VLRC to advise the President on this latest batch of commutations. He noted that while the VLRC facilitates legal processes and reviews laws, it does not advise the President directly on such decisions. The current commutations, Samuel emphasised, were made independently of any VLRC recommendation.

He added that the VLRC had been working with the Correctional Services to reform certain processes, and those reforms would require the Council of Ministers’ approval before implementation. However, those efforts were unrelated to the 2 May decision.

Speaking on Capital FM107’s Mid-Morning Show this week, media personality Mark O’Brien strongly criticised the commutations, stating: “They have all committed heinous crimes and been found guilty. Why are we just letting them out? With the highest penalty being 400 hours of community service and the lowest 30 hours, they complete their sentence and are free?”

O’Brien expressed outrage that offenders with sentences of up to 17 years were set to be released in exchange for just 400 hours of community service over two years. “How is this even fair to the victims, their families, the police, prosecutors, the justice system, and the nation?” he asked.

O’Brien further questioned why the President had revoked his previous commutation order, which matched community service hours with the remainder of each inmate’s sentence, and replaced it with significantly reduced community service hours.

He insisted those responsible for recommending the commutations should be held accountable, calling for resignations and disciplinary action under the Leadership Code. He also called on the Prime Minister, Deputy Prime Minister, and Opposition Leader to initiate the process for the President’s removal through the Electoral College.

While Section 38 of the Constitution grants the President the power to pardon, commute, or reduce sentences, it also states that Parliament may establish a committee to advise him. Critics argue that bypassing such consultation, especially in cases deemed too dangerous for parole, is reckless and undermines the justice system.

Meanwhile, recent reports have circulated about a supposed New Zealand-funded rehabilitation initiative providing temporary housing (containers) for inmates affected by the December earthquake. However, the New Zealand High Commission in Port Vila confirmed it had not received any such request and had not made such an announcement.

The Daily Post made several attempts to seek comment from the State House but received no response.


SOURCE: VANUATU DAILY POST