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Public Prosecutor v Payet [1912] VUNHJC 20; Criminal 56 (21 June 1912)

Nº 56

THE PUBLIC PROSECUTOR
PLAINTIFF

v
GAETAN PAYET, Planter of Mele
DEFENDANT

HEARING. The 21st June 1912

CHARGED WITH having committed a breach of Article LIX of the Convention of the 20th October 1906.

JUDGMENT

The year one thousand nine hundred and, twelve and, the twenty first day of June at nine o'clock in the morning; the Joint Court composed of the Count of, Buena Esperanza, President; G. G. Alexander, British Judge; J. Colonna, French Judge;

In the presence of the Count of Andino, Public Prosecutor, M. Coursin, Acting Registrar, holding the pen;

Sitting in open Court, without appeal, has pronounced the following judgment:-

THE JOINT COURT

After having heard the reading of the documents in the file of the case, the explanations of the accused, the depositions of the duly sworn witnesses, the summing up of the Public Prosecutor, and the defense of the accused;

WHEREAS from a report of M. Junqua, Commandant of Police, and from the evidence of the witnesses, Jimmy, Arrousabou and there, duly sworn, it follows that Gaetan Payet sold three bottles of rum to natives of the New Hebrides on the 12th May last at Mele, Efate, New Hebrides, which constitutes a breach of Article 59 of the Convention of the 20th October 1906, and is punishable by Art. 61 of the same Convention, the text of these Articles is as follows:-

Art. LIX (1) ......."no person shall in the New Hebrides ........... sell or supply intoxicating liquors to the natives, in any form and on any pretext whatsoever".

Art. LXI (1) "Any breach by non-natives of Articles 57, 59 and 60 shall be punishable by a fine of from 4/ to £20..........."

AND WHEREAS there is occasion to consider that Payet was convicted on the 7th May last for similar breaches of the Convention for which he appears to day and was sentenced to pay a fine of £1 that is to say five days prior to the present infraction.

Therefore convicts PAYET and sentences him to pay a fine of £4 and to pay all the costs of the prosecution.

Thus made, judged and pronounced, the day, month and year above-mentioned open Court without appeal, and signed by the Count of Buena Esperanza, President; J. Colonna, French Judge; G. G. Alexander, British Judge and M. Coursin, Acting Registrar.

President
French Judge
British Judge
Acting Registrar