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Public Prosecutor v Demene [1912] VUNHJC 14; Criminal 52 (31 May 1912)

Nº 52

THE PUBLIC PROSECUTOR
PLAINTIFF

v

EMILE PIERRE DEMENE Storekeeper of Mele
DEFENDANT

HEARING. The 31st May 1912.

CHARGED WITH having committee a breach of Article LIX of the Convention

JUDGMENT

The year one thousand nine hundred and twelve, and the thirt-first day of May, the Joint Court composed of the Count of Buena Esperanza, President; G. G. Alexander, British Judge and J. Colonna, French Judge;

In the presence of the Count of Andino, Public Prosecutor; C. W. M. Beugel, Registrar, holding the pen,

Sitting in Polite cases, pronounced the following. Judgment:-

THE JOINT COURT

WHEREAS Emile Pierre Demene, storekeeper at Mele, has been properly summoned, and whereas he has neither personally nor through a representative put in an appearance, pronounces default against the said Emile Pierre Demene for non-appearance.

After having heard the reading of the report drawn up by Commandant Junqua of the Police, and of a letter of avowal from the above-named Demene, and after having heard the witnesses under oath and the summing up of, the Public Prosecutor;

AND WHEREAS from the report and the letter above-mentioned, and from the evidence of duly sworn witnesses, it follows that on the 12th May Demene cold alcoholic liquor to various New Hebrideans at Mele, which is a breach of Article LIX of the Convention, and in punishable by Article LXI of the Convention, the text of which read as follows:-

Article 59.".......no person shall in the New Hebrides................sell or supply intoxicating liquors to the natives, in any form, and on any pretext whatsoever."

Article LXI. "Any breach by non-natives of Articles 59, 57,-and 60 shall be punishable by a fine of from 4/- to £20 ..............."

Therefore, by default, sentences Emile Pierre Demene to a fine of one pound (£1)? and sentences the said Emile pierre Demene to pay all the costs of the prosecution.

Thus made, judged, and pronounced in open Court the same day without appeal, and signed by the Count of Buena Esperanza, President; G. G. Alexander, British Judge and J. Colonna, French Judge and C. W. M. Beugel, Registrar.