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Public Prosecutor v Fauque [1912] VUNHJC 18; Criminal 55 (18 June 1912)

Nº 55

PUBLIC PROSECUTOR
PLAINTIFF

v

LOUIS FAUQUE Recruiter of Vila
PETER DRAGHICEVITZ Trader,.Banks Group
DEFENDANTS

HEARING. The 18th June 1912.

CHARGE WITH having committed an infringement, of Article LIX of the Convention of the 20th October 1906.

JUDGMENT

The year one thousand nine hundred and twelve, and the eighteenth day of June at nine o'clock A.M., the Joint Court composed of the Count of Buena Esperanza, President; G. G. Alexander, British Judge & J. Colonna, French Judge;

In the presence of the Count of Andino, Public Prosecutor; M. Coursing Acting Registrar, holding the pen;

Sitting in police cases, without appeal, and considering-that at the call of the case the accused, Louis Fauque and Peter Draghicevitz as well as their counsel disputed-the jurisdiction of the Court and based their contention on the fact that the infringement with which Fauque and Draghicevitz are charged with having committed, took place on the 14th October 1910 pronounced the following judgment: -

THE JOINT COURT

After having heard the Public Prosecutor, who stated that he referred the matter to the Court; and after having heard the x accused and their counsel, M. Mage in defence and. explanation. Whereas the acts with which Fauque and Draghicevitz are charged with having committed took place on the 14th October 1910, that is to say prior to the 15th November 1910, the date of the opening of the Joint Court and of the promulgation of the Articles of-the Convention reserved by publication on the 2nd December 1907, that, therefore the Joint Court has no jurisdiction in this case;

Therefore has no jurisdiction; dismisses the case to such jurisdiction as is able to deal with it. The costs to be at the charge of the Condominium.

Thus made, judged and pronounced the day month and year before mentioned in open Court without appeal and signed by the Count of Buena Esperanza, President; G. G. Alexander, British Judge; T. Colonna

President
French Judge
British Judge
Acting Registrar