Public Prosecutor v Tumahai [1948] VUNHJC 3; Civil 765 (9 January 1948)

JOINT COURT OF THE NEW HEBRIDES

Judgment No. 765

The ninth day of January in the year One thousand nine hundred and forty eight,

Before Their Honours :

	Y. GESLIN,	French Judge, President,
	J.W.M. TURNER,	British Judge ad hoc,
and Messrs.	H. Coustard de NERBONNE,	Assessor,
	E. BUTERI,	Public Prosecutor ad hoc,
assisted by	S. DUBOIS,	Registrar ad hoc.

This is an application for rehearing lodged, according to a notification drawn up by Mr Chardonnet Bailiff ad hoc at Santo on 1st February 1946, by Jean Tumahai, known as "Ro", French citizen, plantation employee living at Santo (New Hebrides), in respect of a judgment by default given on 15th January 1946 and served on 31st January 1946, which sentenced him to 15 days imprisonment and a fine of £Stg.20 for each of the two following offences:

1 - for having during the month of February 1944, whilst sailing under the American flag, recruited native woman and this without being in possession of a recruiting licence.
2 - for having, under the same circumstances and at the same time and place, recruited without her husband a married native woman.

The accused was heard in his defence and the Public Prosecutor ad hoc having delivered his address the Court then retired to consider its judgment.

JUDGMENT

The application for rehearing lodged by "RO", being regularly made and within the prescribed period, is admissible.

The documents in the file and the evidence given at the hearing afford sufficient proof that the accused is guilty of the offences with which he is charged, such offences being a breach of Articles 31 (par. 1) and 33 (par. 1 (1)), punishable by Article 56 (par.1) of the Protocol of 6th August 1914.

ON THESE GROUNDS

Jean Tumahai, known as "Ro" is sentenced to pay a fine of FORTY POUNDS STERLING with costs One hundred and twenty five francs fifty four centimes.

French Judge
British Judge ad hoc
Assessor
Registrar ad hoc