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Public Prosecutor v Sicambi [1940] VUNHJC 3; Criminal 665 (27 February 1940)

JOINT COURT THE NEW HEBRIDES
Criminal Jurisdiction

JUDGMENT No 665.

This twenty-seventh day of February one thousand nine hundred and forty,

before:

W.D. Carew, British Judge
C.A. Doley, French Judge,
A. Noel, Assessor,
in the
presence of Monsieur Kuter, Public Prosecutor ad hoc, and
assisted by Monsieur Steinmetz, Acting Registrar.

JUDGMENT

Accusation is brought against:-

1. Seine Sicambi, alias Mluin Mako, native, aged 30 years, born at Magaoue, Malekula, New Hebrides, no occupation, and living at Magaoue, son of Lunprabi, deceased, and an unknown mother, married, without children; for having at the Tanmaru anchorage on the 26th October 1939, wilfully killed Paul Mazoyer, this deed being premeditated, the accused having awaited a suitable opportunity to surprise his intended victim.
2. Nari, narive, aged 35 years, born at Tinambit, Malekula, no occupation, living at Magaoue, son of Leplap and of an unknown mother, married with 4 children; for having at the same time and place and under the same circumstances as mentioned above, wilfully struck and wounded the said Paul Mazoyer with intent to kill him, as an accomplice of the native Sicambi.
3. Nati-Natrimbat, alias Bilmako, native of the village of Petair, Malekula for having at the same time and place and under the same circumstances and with the knowledge that a crime was to be committed, assisted aided and abetted the aforesaid Sicambi and Nari in the perpetration of the afore-said murder.
4. Aossene, native of the village of Magaoue, for having at the same time and place and under the same circumstances and with the knowledge that a crime was to be committed, aided assisted and abetted Sicambi and Nari in the perpetration of the afore-said murder.
5. Harry, native aged about 22 years, originally belonging to the village of Tinambit, Malekula, latterly in the employ of Paul Mazoyer, for having at Tanmaru anchorage on the 26th October 1939, fraudulently taken possession of a certain sum of money the property of the successors to the deceased victim, Paul Mazoyer; the theft being committed during the night by two persons at the place serving as habitation of the said Paul Mazoyer, the said Harry being then in the employ of the said deceased Paul Mazoyer.
6. Ouaine, native, aged about 30 years, originally belonging to the village of Tinambit, Malekula, latterly in the employ of Paul Mazoyer, for having at the same time and place and under the same circumstances as above fraudulantly taken possession of of a certain sum of money the property of the successors of the deceased victim, Paul Mazoyer; the theft having been committed at night by two persons at the place servaing as the habitation of the said Paul Mazoyer, the said Ouaine being then in the latter's employ.