VANUATU – The murder case against a New Zealand teenager in Vanuatu has collapsed and he has walked free after several months in prison.

Ned Lowe, 18, was charged with the intentional homicide of his friend Roger Kamisak on Tanna Island in July 2015. But in a sensational ruling, a Supreme Court judge has called the prosecution case “weak, vague and inconsistent” and thrown it out.

Lowe was also acquitted of a charge of attempting to destroy evidence.

Roger Kamisak’s killing remains unsolved.

The teen’s family have now calling in lawyers to bring a constitutional claim against the Vanuatu government for the failure of the police to protect the public – after their luxury Tanna Lodge was burned down by locals in retribution for Kamisak’s death.

Vanuatu police had told media a love triangle was behind the killing – that Ned and Roger argued over a girl before Ned allegedly bashed his mate with a hunk of wood and stabbed him with a knife.

Locals allegedly torched Tanna Lodge after Roger Kamisak’s death.

Justice Oliver Saksak listed a catalogue of failings in the prosecution case, including the knife allegedly used was not produced in court; photographs and other exhibits were not produced; there was no autopsy report; fingerprinting was not done; there was no blood analysis by a pathologist and no notebooks were produced by the police officer involved.

“The Court finds there to be some evidence but due to its weakness, vagueness and inconsistencies, the court or a jury properly directed could not safely convict the accused on it,” the judge said.

On Friday, Ned Lowe’s father, Hugh Lowe, said the murder charge had only arisen as a result of a “dysfunctional police force” and defending it had been “sheer hell” for the family as it had also destroyed their business.

“There’s a lot more that’s not in the judgement that is a lot more damning,” he said.

“The murder charge was a result of the police. They came here in the morning with absolutely no evidence at all and that is why it was burnt down. They told the people of Tanna that it was the owners of Tanna Lodge that killed the boy. What a lot of nonsense.

“We were the most successful lodge on Tanna, and now we are struggling to buy food for ourselves and that is disgusting.”

Hugh Lowe would not reveal how his son was doing after being let out of prison, but it is understood he was living in Port Vila.

The family are also rebuilding Tanna Lodge, and they have “massive support” from the people living on the island.

He added that he tried to have the local police commander on Tanna removed and believed his son’s arrest was a punishment for that.

“The whole thing has only arised because of a dysfunctional police force. That is why I’ve had so much trouble,” he said.

“I’ve tried to do it for Tanna and the benefit of the people who come here and now I’m regarded as some sort of pariah. I myself have done absolutely nothing wrong, other than help.”

“I stuck my neck out, I expected to have some support, when it came to the crunch I got none from the New Zealand government, from the commissioner, I got it from no one.”

After the July 17 killing, six units at Tanna Lodge were burned down. A month later, locals set fire to the remaining buildings, causing terrified guests, including 21 Australian aid workers, to flee and leaving $2 million of damage.

Last year Hugh Lowe and one of his guests said police knew the place was going to be torched but stood and watched and did nothing to stop it.

Ned Lowe’s lawyer, Robert Sugden, said he told police he was “very disappointed” in the standard of their work in the homicide case.

“There never was any evidence – it was merely locals who had a long-standing feud with Ned’s father, they said it was him, so the police went and arrested him, following which the locals went and burned his father’s resort down,” Sugden said.

“I have instructions to bring a constitutional claim against the government for the failure of the police to protect the public.”

He said he did not know Ned Lowe’s whereabouts.

“I don’t know if he’s still in the country or not, we had a bit of a battle getting his passport back but we finally got it back.”

Australian aid worker Heidi Dening, who was staying at Tanna Lodge when it was set alight said it had been decided it was too unsafe for Ned to return to Tanna or stay in Vanuatu.

“The men who tried to burn us alive have still not been brought to justice, and neither have the Tanna police – despite the fact we have given many statements and evidence.”

- Sunday Star Times