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Public Prosecutor v Colardeau [1934] VUNHJC 5; Criminal 617 (17 August 1934)

JOINT COURT OF THE NEW HEBRIDES

Judgment No. 617

JUDGMENT

This seventeenth day of August one thousand nine hundred and thirty four.

In the matter of charges against Edmond Colardeau, French citizen, planter, residing at Vila, of having

1. on the 31st May 1934 at Sulphur Bay and at Ouaississi, Island of Tanna, sold alcoholic liquor to the natives Nassi, Nalepini, Iahipe and Sam;

2. on the 1st June 1934 at Lenakel, Island of Tanna, sold alcoholic liquor to the natives Iaoulak, Nemissa, Iaou, Cecil, Charley Noklam, Iarouel, Kapalou Nas and Nipo;

3. on the 2nd June 1934 at Lebo, Island of Tanna, sold alcoholic liquor to the natives Neliou, Sikat and Jack Nalin.

Having questioned the accused Edmond Colardeau and heard his defence.

And having heard the address of Monsieur Michelet, Public Prosecutor "ad hock, the Court then retired.

Whereas at the hearing no proof was established that the accused Edmond Colardeau did on the 31st May 1934 at Sulphur Bay and at Ouaississi, Island of Tanna, sell alcoholic liquor to the natives Nassi, Nalepini, Iahipe and Sam, therefore this charge is dismissed.

But whereas it results from the pleadings and the admissions of the accused at the hearing that the said Edmond Colardeau did

1. on the 1st Tune 1934 at Lenakel, Island of Tanna, sell alcoholic liquor to the natives Iaouiak, Nemissa, Iaou, Cecil, Charley Noklam, Iarouel, Kapalou Nas and Nipo;

2. on the 2nd June 1934 at Lebo Island of Tanna, sell alcoholic liquor to the natives Neliou, Sikat and Jack Nalin.

Whereas these acts constitute eleven breaches of the provisions of Article 59 of the Convention, which reads as follows:-

Article 59. - 1. " No person shall, in the New Hebrides, including the Banks and Torres Islands, or within the territorial waters of the Group, sell or supply alcoholic liquors to the natives as defined by Article 8 of the present Convention, in any manner or on any pretext whatsoever............"

And whereas these breaches are punishable by Article 61 of the said Convention,(the French text of the said Article 61 being modified by an agreement of the two Co-Sovereign Powers dated the 4th September 1930)which reads as follows:-

Article 61. - 1. Any breach by non-natives of Articles 57, 59 and 60 shall be punishable by a fine of from four shillings sterling (24 francs 80 centimes) to twenty pounds sterling (2480 francs) and imprisonment ranging from one day to one month, or by either of these penalties".

Now therefore IS THIS DAY ADJUDGED?

That the said Edmond Colardeau is convicted on the eleven charges against him and is sentenced on all charges to pay a total fine of 1500 francs and is further ordered to pay the costs of the proceedings.

After delivering this judgment His Honour the President warned the said Edmond Colardeau that in the event of a conviction for a similar offence he will be sentenced to a severe term of imprisonment.

Acting President

British Judge

French Judge

Acting Registrar