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Public Prosecutor v Kasse [1949] VUNHJC 4; Criminal 775 (18 October 1949)

JOINT COURT OF THE NEW HEBRIDES.
Criminal Jurisdiction.

Judgment No.775.


JUDGMENT

The eighteenth day of October in the year one thousand nine hundred and forty nine.

Before Their Honours:


Y. GESLIN,
French Judge, President,

P. COLLEY,
British Judge, ad. hoc
and Messrs.
S. DUBOIS,
Public Prosecutor ad hoc,

R. CORNETTE,
Registrar ad hoc.

Considering Judgment No.123 given on 4th April 1949 by the Native Court, Southern District concerning the native NACE KASSE, accused of having at Tanna during the month of November 1948:-

10-
That he did incite the native Lofmane to seize a dog belonging to the barracks, by sending him during the absence of the police into the French Delegation paddock situated behind the barracks, and after taking the animal into the bush having there killed it with blows from a stick; afterwards assisted by the natives Willy Iolu, Jack and Kapere, having skinned the animal and with his accomplices, after cooking it on a fire, eaten it.
10-
that he did with a cane strike the young natives Katahina and Malakaie aged 7 and 8 years respectively, the said natives having been attracted by the cries of the dog and seeing what the natives were doing to the animal, threatened to go and tell their father all about the matter.
30-
that he did spread false accusations against the French Police, accusing the latter of having stolen and killed the accused's pigs, with a view to eating them, saying that he had killed the dog to pay for his pigs.
40-
that he did make false statement at the Native Court and attempted to make the natives Lofmane, Iolu, Jack and Kapere responsible for the theft.

Considering the Joint Court decision dated 29th June 1949 declaring to be null and void judgment No.123 and ordering the appearance of NACE KASSE, LOFMANE and WILLY IOLU, before the Joint Court sitting at Vila.


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