Public Prosecutor v Pais [2007] VUSC 27; Criminal Case 96 of 2006 (6 May 2007)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

CRIMINAL CASE No.96 of 2006

PUBLIC PROSECUTOR

-v-

MOÏSE TOHTES PAÏS

Ms Kayleen Tavoa, Public Prosecutor
The Defendant in person and on his own behalf

JUDGMENT

This is the trial of the Defendant, Moise Totes Bice. He is charged with one count of the offence of Possession of Cannabis, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12]. This defendant, like the 21 other defendants, was represented by the Law Firm of Ridgway Blake Lawyers until the plea stages. The defence counsel were excused for appearance on behalf of the Defendant at the trial with the leave of the Court.

The prosecution and the defence counsel have considered the case prior to Court sitting and agreed that the following statements and exhibits go in by consent:-

(1) Moses Tom

(2) George Twomey

(3) Gerald Molturalala

Exhibits

- Plants

- Photo

- Crime Scene report

The brief facts show that Moses Tom, the Chief of Melip reported the defendant to the police. The police were deployed to Malekula on the RVS Tukoro. The police arrested the defendant and brought him to Vila with the Cannabis seized from him. This defendant was the ring leader of the 21 others defendants as he encouraged the other persons to plant the cannabis plants to make money. The defendant had on him 2 big roll joint of Cannabis and a plastic containing seeds and leaves of cannabis. The cannabis was identified, weighed and tested. The weight is 0.005 kg. The result of the text show the presence of cannabis substance in the cannabis leaves and seeds seized from him.

The defendant gave evidence. He admitted that when the police arrested him he had a roll of cannabis. He said he worked in New Caledonia for 30 years. He came back to Vanuatu in 1997. He planted Cannabis at Melip Village. He distributed. The cannabis law of Vanuatu is a Foreign Law.

He said he is the Director of the Association. He stands on the 10 Commandments. He said he knew the laws of Vanuatu. He said he planted cannabis on basis of his faith. He said respect all other laws except the law of cannabis. He did not know about the negative side of the cannabis. He said his stand is the bible. Cannabis is god’s creation. Cannabis brings peace, blessing and power. He said he is the Director of South West Malekula Cooperative Association. Nobody will stops cannabis in Vanuatu and even law could not stop cannabis.

The law is that the prosecution must prove the elements of the offence charged against the Defendant beyond reasonable doubt. If there is a reasonable doubt, the defendant must be acquitted.

Section 2(13), 4 and 17 of the Dangerous Drugs Act [CAP.12] are the relevant provisions. They provided as follows:-

"PROHIBITED SUBSTANCES AND MATERIALS

2. The .... possession in Vanuatu of the following substances and materials ... is prohibited:

(13) Cannabis"

"PROHIBITION OF CULTIVATION OF CANNABIS PLANT

4. The cultivation of any plant of the genus Cannabis shall be prohibited."

"PENALTIES FOR CONTRAVENTION OF REGULATION

17. Every contravention of this regulation shall constitute an offence punishable by a fine not exceeding 100 million Vatu or to a term of imprisonment not exceeding 20 years or to both such fine and imprisonment."

This Defendant challenges the prosecution and says that the prosecution charged a wrong person. He says he is not the person called "MOISE TOTES BICE". In his cross-examination, he admitted that his name is "PAÏS TOHTES MOÏSE" and he came to Court to explain to everyone including the Government his vision about allowing the cultivation of cannabis plants in Vanuatu.

The Court is satisfied that, although, the name of this Defendant is wrongly spelt and written, the Defendant is the same person or man arrested at Melip village, on 20 October 2006. The Defendant’s challenge is rejected as baseless.

Applying the law of the facts, I am satisfied that the prosecution has proved the offence of possession, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12] proved against the defendant MOÏSE TOHTES PAÏS beyond reasonable doubt.

VERDICT

PAÏS TOHTES MOÏSE is found guilty of the offence of Possession of Cannabis, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12] and convicted of the said offence, accordingly.

I direct that the quantity of Cannabis seized from the defendant be condemned by 8 May 2007 before lunch time.

DATED at Port Vila this 6th day of May, 2007

BY THE COURT

Vincent LUNABEK
Chief Justice