Public Prosecutor v Bice [2007] VUSC 44; Criminal Case 101 of 2006 (7 May 2007)

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

CRIMINAL CASE No.101 of 2006

PUBLIC PROSECUTOR

-v-

SELWIN BICE

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

JUDGMENT

This is the trial of the Defendant, Selwin Bice. The Defendant is charged with one count of Possession of Cannabis, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12].

This Defendant, like 21 others involved in the drug offences in October 2006, at Melip village, was represented by the law firm of Ridgway Blake Lawyers until the plea stages. The defence counsel were excused from appearing with the leave of the Court in the trial.

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) Hickson Siba

(3) Gerald Molturalala

(4) Erickson Paul

(5) Exhibits:-

- Plants

- Photos

- Crime scene report

The brief facts show that after Moses Tom, the Chief of Melip, reported the Defendant to the police, the police went to Melip village and arrested the Defendant. The Defendant planted 26 cannabis plants. The Defendant was brought to Vila with the plants. The plants were identified, weighed and tested. The weight is 0.06kg. The test showed the presence of the cannabis substance in the plants.

The Defendant exercises his right to remain silent. He did not give evidence. In his final submissions, he submitted that he follows the 10 Commandments and the Motto of Vanuatu: "In God we stand" so he planted cannabis.

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

Sections 2(13); 4 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"

"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."

Applying the law to the facts, I am satisfied that the prosecution fails to prove the offence of possession of cannabis, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12] against the Defendant beyond reasonable doubt.

I am satisfied, instead, that the prosecution has proved the elements the offence of Cultivation of Cannabis plants, contrary to Section 4 of the Dangerous Drugs Act [CAP.12] against the Defendant beyond reasonable doubt.

VERDICT

Possession of Cannabis: NOT GUILTY and ACQUITTED
Cultivation of Cannabis: GUILTY and CONVICTED

I direct that the 26 cannabis seized from the Defendant Selwin Bice be condemned by 8 May 2007 by lunch time.

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

BY THE COURT

Vincent LUNABEK
Chief Justice