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Public Prosecutor v Gardel [1944] VUNHJC 7; Civil Appeal 712 (29 August 1944)

JOINT COURT OF THE NEW HEBRIDES

Judgement No. 712

The twenty-ninth day of August one thousand nine hundred and forty-four, at a public hearing held at the office of the French District Agent of the Condominium at Santo,

Before Their Honours:

Y. GESLIN, French Judge, President,
A.H. EGAN, British Judge,

and Messrs.

J. RATARD, Assessor,
L. PAGE, Public Prosecutor "ad hoc"

assisted by

M. BUTERI, Acting Registrar.

The Joint Court thus composed considered the application made (according to a record dated 28th January 1944 drawn up by M. LODS, Bailiff "ad hoc" at Santo) by Madame GARDEL, French citizeness, planter, living at Santo (New Hebrides) for the reopening of a judgment (No. 706) given by default on 28th December 1943 and communicated to accused on 28th January 1944, in which she was sentenced to undergo 15 days imprisonment and to pay a fine of 2480 francs for breach of Article 49, para 2, of the Protocol of 6th August 1914.

The accused was heard in her defence and the Public Prosecutor "ad hoc" having delivered his address, the Court then considered its judgment.

JUDGMENT

The application made by Madame GARDEL for a re-hearing, being regular and having been lodged within the prescribed period, is receivable.

Whereas the evidence and the documents in the file provide sufficient proof that the accused did employ at her place a native who had left his employer without permission;

Whereas this offence is provided against and punishable by Articles 49 (para. 2) and 56 (para 1) of the Protocol of 6th August 1914,

ON THESE GROUNDS

The Court sentences Madame GARDEL to pay a fine of £10 (Ten Pounds) with costs fixed at TWELVE FRANCS NINETY-SEVEN CENTIMES.

French Judge
British Judge
Assessor
Acting Registrar