Public Prosecutor v Amede [1943] VUNHJC 2; Criminal 695 (6 January 1943)

JOINT COURT OF THE NEW HEBRIDES.

JUDGMENT No. 695

This sixth day of January in the year one thousand nine hundred and forty three,

Before their Honours:

A.H. EGAN, British Judge, President.
Y. GESLIN, French Judge,
and Mr G. WILSON, Assessor,
and Messrs: L. BAIRSTOW, business employee, British subject.
M. JOCTEUR, planter, French citizen.
D. GUBBAY, merchant, British subject.
G. ROLLAND, planter, French citizen.

The four latter assessors, drawn by lot in accordance with Article 11, paragraph 2 of the Convention of 6th August 1914, to assist the Court as required by paragraph 1 of the said Article, were sworn at the hearing.

M. S. SOLIER, Public Prosecutor "ad hoc"

M. BUTERI, Acting Registrar.

The Court delivered the following judgment in the case of homicide brought by the Public Prosecutor against AMEDE, a native of Ollal, Ambrym (New Hebrides), son of the late Apanpan and the late Peram, about 35 years old and employed by Mr Henri Russet, planter at Tagabé (Efate).

The charge having been explained to the accused, the evidence of witnesses was taken and the Public Prosecutor addressed the Court.

The accused was afterwards heard in his defence, put forward by himself and also by Mr PAGE, Native Advocate "ad hoc"; Mr DUBOIS assisting, when required, as interpreter of the "bichelamar" dialect.

With the assistance of the assessors the Court then considered its verdict, the assessors being consulted only on the question of punishment.

It is sufficiently proved by the evidence that the accused AIME did commit the crime punishable under Section 5 of 24 and 25 Vict. c 100, but it is also shown that there were extenuating circumstances.

ON THESE GROUNDS

The Court sentences the said native AMEDE to undergo imprisonment for a period of one year and six days, counting from the first day of January one thousand nine hundred and forty two.

In addition, the accused is sentenced to pay costs taxed at TWO HUNDRED AND SIXTY FOUR FRANCS, FIFTY CENTIMES.

Delivered in open Court, the day month and year as above.

French Judge
British Judge
Assessor
Acting Registrar