Public Prosecutor v Ratard [1947] VUNHJC 3; Criminal 757 (19 August 1947)

JOINT COURT OF THE NEW HEBRIDES

Judgment No. 757

The nineteenth day of August one thousand nine hundred and forty seven,

Before Their Honours:

	G. JEANSON,	French Judge, President,
	A.H. EGAN,	British Judge,
and Messrs.	H. HENIN,	Assessor,
	E. BUTERI,	Public Prosecutor ad hoc,
assisted by	S. DUBOIS,	Registrar ad hoc.

This is a charge made against AUBERT RATARD, French citizen, planter, living at Santo, of having committed a breach of the provisions of Article 33 (2) of the Protocol of 6th August 1914.

Mr PUJOL appeared for the defence and the Public Prosecutor having delivered his address the Court then retired to consider its judgment.

JUDGMENT

From the report drawn up by the French District Agent it would appear that Aubert RATARD had committed a breach of Article 33 (2) of the Protocol of 1914.

The file however shows that the native GEORGE was regularly employed by Aubert RATARD in conformity with the provisions of the aforementioned Article, and that at the time of his engagement by RATARD the then District Agent passed him as being fit for work.

Moreover Dr MASSAL, then French District Agent at Santo, had in 1942 authorised M. Pascal Michel to employ the said native.

The file does not show that, as a result of Dr. POULIQUEN's medical report given on 3rd June 1946, RATARD was prohibited from putting the native GEORGE to work.

There has been no breach by RATARD of the provisions of Article 33 (2) of the Protocol and the case must therefore be dismissed.

On these grounds

The case against Aubert RATARD is dismissed with costs against the Condominium.

French Judge
British Judge
Assessor
Registrar ad hoc