Home | Databases | WorldLII | Search | Feedback Joint Court of the New Hebrides

  Download original PDF

Public Prosecutor v Nakandakare [1926] VUNHJC 3; Criminal 474 (28 December 1926)

THE JOINT COURT.

CASE No 474.

Public Session of Friday the twenty-eighth of December, one thousand nine hundred and twenty-six.

The JOINT COURT of the New Hebrides, Vila. Composed of:-

The Count of Buena Esperanza, President.
Francis, British Judge.
Imbault, French Judge.

In the presence of:-

Mr Persyn, Acting Public Prosecutor

Assisted by Mr Steinmetz, Acting Registrar, in a police court case delivered judgment as follows:-

Between the Public Prosecutor, and a certain Nabeme Nakandakare, or Navey, Japanese, under the French regime,

Shopkeeper, living at Vila.

At Liberty.

Accused of breach of Art, 59 of the Convention of August 6th 1914.

Summoned by Faucher, Bailiff at Vila on the 21st december 1926

Defendant appeared in person and was assisted by Mr Coursin Solicitor of the Court.

Having heard the reading of the report drawn up by Mr Seagoe Commandant of the British Police, dated 8th November 1926

Having heard the accused in his examination and his defence put forward both by himself and Mr J.M.Coursin, his Solicitor the said accused being the last to speak.

Having heard the Public Prosecutor in his conclusions and applications.

Gave judgment publicly after hearing all the parties

On the legality of the report furnished by the Commandant of the British Police.

It was considered that the reports of Police Officials are held to be evidence until the contrary is proved.

That NAVEY did not bring proof that the Commandant of the British Police was not invested with a regular warrant.

That under these conditions the Court did not consider it necessary to make any ruling on this point.

Regarding the offence of sale of liquor.

It was considered that the debates of the Court did not result in proof sufficient to declare NAVEY guilty of the offence with which he was charged.

Acquitted the said Navey, or Nabeme Nakandakare.

Pronounced that the costs of the Court should be charged to the Condominium.

Judgment given and announced in public Session the day month and year as above.

The President of the Joint Court
French Judge
British Judge
Acting Registrar