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Public Prosecutor v Tanau [1955] VUNHJC 3; Criminal 829 (22 February 1955)

JOINT COURT OF THE NEW HEBRIDES.

Judgment No. 829.

This twenty-second day of February, One thousand nine hundred and fifty-five, at the Court House at Vila.

Before their Honours:

J.D. FIELD, British Judge, President,
Philippe COMTE, French Judge,

and Messrs

L. BAIRSTOW, Assessor,
G. BRISTOW, Public Prosecutor,

assisted by

E. BUTERI, acting Registrar.

Considering the charge against DANIEL TANAU, native of the Mêlé tribe (Efate Island), for having, in the month of January 1955 had carnal knowledge of TOUTOLA, native girl of less than 15 years, this being a breach of Article 8, par. 2 of the Schedule to J.R. 6 of 1927.

The accused was heard in his defense as put forward by himself and by his counsel Mr. PUJOL, Native Advocate.

The Public Prosecutor having delivered his address, the Court then retired to consider its verdict.

JUDGMENT.

Whereas DANIEL TANAU is charged of having had carnal knowledge of a native girl of less than 15 years.

Whereas it was impossible to prove that the girl TOUTOLA was really less than 15 years, that therefore the charge appears to be ill-founded.

ON THESE GROUNDS:

The charge against DANIEL TANAU is dismissed, and the costs of the proceedings will be borne by the Condominium Government.

French Judge
British Judge
Assessor
Acting Registrar