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Public Prosecutor v de Gaillande [1950] VUNHJC 11; Criminal 782 (26 May 1950)

JOINT COURT OF THE NEW HEBRIDES

Judgment No. 782.

This twenty-sixth day of May one thousand nine hundred and fifty.

Before Their Honours:

Y. GESLIN, French Judge - President,
H.J.M. FLAXMAN, British Judge,
assisted by H. COUSTARD de NERBONNE, Assessor
S. DUBOIS, Public Prosecutor ad hoc,
and
R. CORNETTE, Resitrar ad hoc

This is a charge against Mr. Sylvain de GAILLANDE, French citizen, planter living at Tagabe near Vila, accused of having at Tanna, during the month of August 1948, supplied alcoholic liquor to native labourers on the occasion of their recruitment. (Breach of Article 31, paragraph 5 of the Anglo-French Protocol of 6th August 1914).

The accused was heard in his defence as put forward by himself and by his Advocate, M. Pujol.

The native witnesses, assisted by M. Antoine Rossi sworn interpreter for "pidgin" English, were then examined and the Public Prosecutor having delivered his address, the Court then retired to consider its Judgment.

JUDGMENT

Whereas it is shown, by the evidence in the file and by evidence of witnesses, that Mr. Sylvain de GAILLANDE is guilty of having at Tanna during the month of August 1948 supplied alcoholic liquor to native labourers at the time of their recruitment.

And whereas this is a breach of Article 31, paragraph 5 of the Anglo-French Protocol of 6th August 1914.

ON THESE GROUNDS:

The accused is sentenced to pay a fine of two thousand francs with costs amounting to twelve shillings sterling.

French Judge
British Judge
Assessor

Registrar ad hoc