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Public Prosecutor v Tumahai [1946] VUNHJC 2; Civil 743 (15 January 1946)

JOINT COURT OF THE NEW HEBRIDES

Judgment No. 743

The fifteenth day of January in the year one thousand nine hundred and forty-six

Before Their Honours:

Y. GESLIN, French Judge, President,
A.H. EGAN, British Judge

and Messrs;

COUSTARD de NERBONNE, Assessor
E. BUTERI, Public Prosecutor ad hoc,

assisted by

S. DUBOIS, Registrar ad hoc.

This is a charge laid against Jean TUMAHAI, known as "Ro", French citizen, at present domiciled at Santo (New Hebrides), accused of breach of Articles 31 and 33 of the Anglo-French Protocol of 6th August 1914.

Although properly served with a summons dated sixth November one thousand nine hundred and forty-five, the accused did not appear nor any person on his behalf.

The Court heard the address of the Public Prosecutor ad hoc and then retired to consider its judgment.

JUDGMENT

The evidence, particularly a report drawn up by the French District Agent of Central District No. 2, gives sufficient proof against the accused Jean TUMAHAI, known as "Ro":

1.- of having during the month of February 1944 while sailing under the American flag, recruited a native woman without being provided with a recruiting licence.
2.- of having at the same time and place recruited, without her husband, a married native woman.

These acts constitute a breach of Article 31 (Para 1) and of Article 33 (para 1) and are punishable according to the provisions of Article 56 (para 1).

ON THESE GROUNDS,

Judgment is given by default against Jean TUMAHAI, known as "RO".

For each offence he is sentenced to 15 days imprisonment and to pay a fine of twenty pounds sterling, with costs.

At the request of the Public Prosecutor it is ordered that accused be notified of the terms of this present judgment.

French Judge
British Judge
Assessor
Registrar ad hoc