Public Prosecutor v Dais [2007] VUSC 31; Criminal Case 90 of 2006 (7 May 2007)

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

CRIMINAL CASE No.90 of 2006

PUBLIC PROSECUTOR

-v-

AIDING DAIS

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

JUDGMENT

This is the trial of the Defendant, Aiding Dais. He was charged with one count of Unlawful Possession of Cannabis Plants, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12]. The Defendant pleaded not guilty to that charge.

This Defendant was represented by Messrs Nigel Morrison and Christina Thyna of Ridway Blake Lawyers before the trial. At the trial, the defence counsel were excused 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) Erickson Sylvain

(3) Erickson Paul

(4) Melip Sandy

(5) Gerald Molturalala

(6) Exhibits.

- Plants

- Photos

- Crime scene report

The brief facts are that the Defendant was found by the police to be in possession of a quantity of dried cannabis leaves, seeds and dried cannabis plants. The sworn statement of Erickson Paul, an officer of the VMF, which is admitted in evidence by consent of the prosecution and defence counsel, show that the accused admitted that the cannabis found was his.

The Defendant was arrested and brought to Vila with the cannabis plants and seeds. The plants and seeds were identified and weighed. The weight is 0.32kg. They were tested. The result of the test show the presence of cannabis substance in the plants, leaves and seeds seized form the Defendant.

The Defendant exercises hi right to remain silent. In his final submissions, he made reference to the biblical passage "give to Caesar what belongs to Caesar and to God what belongs to God", although he seems not to understand the meaning.

The law is for the prosecution to prove all essential elements of the offence beyond reasonable doubt. If there is a reasonable doubt, the Defendant must be acquitted of the charge.

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

"PROHIBITED SUBSTANCES AND MATERIALS

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

(13) Cannabis"

"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."

The evidence is overwhelming against the Defendant. The prosecution has proved this case on beyond reasonable doubt against the Defendant Aiding Dais.

VERDICT

Aiding Dais is found GUILTY and CONVICTED of the offence of Unlawful Possession of Cannabis, contrary to Section 2(13) of the Dangerous Drugs Act.

I direct that the six packs of Cannabis taken from the Defendant weighing 0.32kg be condemned by 8 May 2007 before lunch time.

DATED at Port-Vila this 7th day of May 2007

BY THE COURT

Vincent LUNABEK
Chief Justice