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Public Prosecutor v Etienne [1912] VUNHJC 22; Criminal 58 (25 June 1912)

Nº 58

THE PUBLIC PROSECUTOR
PLAINTIFF

v

NIPPOLYTE ETIENNE LECLERC of Vila
DEFENDANT

HEARING-. The 25th 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 fifth 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; C. W. M. Beugel Registrar holing the pen, Registrar, holding the pen,

Sitting in police cases, pronounced the following judgment without appeal:-

THE JOINT COURT

After having, heard the reading of all the documents in the file, the explanations of the accused, the depositions of the witnesses who had been sworn, the summing up of the Public Prosecutor and the defense of the advocate for the defense, M. Mage;

WHEREAS from the trial and from the evidence of sworn witnesses, and. from the avowal of the accused himself, it follows that Leclerc has given alcoholic liquor to natives to drink at Santo in October 1911, which constitutes a breach of Article LIX and is punishable by Article LXI of the Convention, the text of these Articles is as follows:-

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

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

Therefore convicts LECLERC and sentences him to pay a fine of 32/- and to pay all the costs of the prosecution.

Thus made, judged and pronounced in open Court, the day, month and year above mentioned. Signed by the Court of Buena Esperanza; G. G Alexander and C. W. M. Beugel

The President
The French Judge
The British Judge
The Registrar