Public Prosecutor v Gardel [1943] VUNHJC 11; Criminal 706 (28 December 1943)

JOINT COURT OF THE NEW HEBRIDES

Judgment No. 706

This twenty eighth day of December in the year one thousand nine hundred and forty three.

Before Their Honours:

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

and Messrs.

COUSTARD de NERBONNE, Assessor,
F. ROSSI, Public Prosecutor "ad hoc",

assisted by

M. BUTERI, Acting Registrar.

This is an accusation brought against Madame GARDEL, French citizeness and planter living at Santo (New Hebrides), of having committed a breach of Article 49 paragraph 2 of the Protocol of 6th August 1914.

The accused did not appear.

The Court, having heard the address of the Public Prosecutor "ad hoc" then considered its verdict.

JUDGMENT

Although personal service of the summons was duly made on the fifteenth day of October one thousand nine hundred and forty three, Madame GARDEL did not appear nor was she represented at the Hearing.

The two reports in the file, which were drawn up by the French District Agent for the Condominium at Santo on 3rd May 1943, give sufficient proof that Madame GARDEL did employ at her place several native labourers who had left their employers without permission.

This constitutes a breach of Article 49 (paragraph 2) and is punishable by the penalties laid down in Article 56 (paragraph 1) of the Protocol of 6th August 1914.

ON THESE GROUNDS

Madame GARDEL is convicted by default and the Court sentences her to undergo fifteen days imprisonment and to pay a fine of Fr 2,480.00 with, in addition, costs taxed at TWELVE FRANCS NINETY SEVEN CENTIMES.

It is also ordered that, at the request of the Public Prosecutor "ad hoc", the accused shall be served with a copy of the present judgment by default.

French Judge
British Judge
Assessor
Acting Registrar