The Supreme Court has found a Santo man guilty of three serious sexual offences against a 12-year-old boy following a trial that stretched over several months.

In a judgment delivered on 29 May, Chief Justice (CJ) Vincent Lunabek convicted Terry Vari of one count of indecency with a young person, one count of unlawful sexual intercourse, and one count of attempted unlawful sexual intercourse.

The charges arose from an incident at Bombua, Santo, on 13 April 2025.

Prosecutors alleged that Vari lured the complainant and his friend by asking for a telephone number before sending the second boy away and taking the complainant behind a house where the offences occurred.

Vari denied the allegations and maintained that he was heavily intoxicated and elsewhere at the time.

His defence later raised an alibi, claiming he had spent the day drinking with a relative, Justin Vari.

However, the court found the prosecution witnesses, including the complainant and his friend to be credible and reliable. CJ Lunabek said their evidence consistently placed the defendant at Bombua in the afternoon of the offending.

The court rejected the defence of alibi, describing it as a “pure fabrication” and noting that even the evidence of the defence witness showed there was a period after lunch when no one could account for Vari’s whereabouts.

The judge also dismissed claims that Vari was too intoxicated to commit the offences, finding that his own evidence showed he was aware of his actions later that day.

Despite some inconsistencies in the complainant’s testimony, the CJ ruled that his account was truthful and strongly supported by the evidence of his friend.

“I am satisfied beyond reasonable doubt that the prosecution has proved each and every essential element of the offences,” CJ Lunabek said.

Vari was found guilty of:

• Act of indecency with a young person, contrary to section 98A of the Penal Code;

• Unlawful sexual intercourse, contrary to section 97(1) of the Penal Code; and

• Attempted unlawful sexual intercourse, contrary to sections 28 and 97(1) of the Penal Code.

Sentencing will be dealt with in a separate hearing.


SOURCE: VANUATU DAILY POST