Vanuatu's state prosecution department says it lacks sufficient evidence for now to proceed with the case of an alleged assault at Luganville prison on the island of Santo.
The department has confirmed receiving a file on an alleged assault on a prisoner by a foreign investor, involving the New Zealand adviser to the Correctional Services, last November.
The state prosecution says there are only statements on the allegations against the advisor but no statements on the alleged assault.
It says to prove that the advisor faciliated the alleged attack in the prison, the court must first be satisfied that there was an assault.
It says it's awaiting statements from the prison officers who were on duty when the alleged assault took place and it's asked the police to investigate the matter further.