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Public Prosecutor v Malas [1961] VUNHJC 8; Criminal (A) 11 of 1961 (31 July 1961)

JOINT COURT OF THE NEW HEBRIDES
CRIMINAL JURISDICTION

JUDGMENT No. 11/61
of the 31st. July, 1961.

THE seventeenth day of March in the year One thousand nine hundred and sixty-one,

BEFORE their Honours

James P. TRAINOR., British Judge, President,
Georges GUESDON, French Judge,
Armand de PREVILLE, Native Advocate, ad hoc.
D. WALFORD, Public Prosecutor, ad hoc.
And Mr. D.I. ALLEN, Assessor,
assisted by O. HONEGGER, Acting Registrar.

JUDGMENT.

THE evidence to connect the accused JOHSUA MALAS of MELE, Efate, with the offence with which he is charged was that given by AUGUSTINE, ELTON and PAUL. Each of these swore that he had seen on the 6th. June, 1961, the accused insert a piece of cloth in the drift sight of an aircraft belonging to FIJI AIRWAYS LTD. The accused emphatically denied this.

THE evidence of these three witnesses for the prosecution contained many inconsistencies on matters that appeared to the Court to be important. To this weakness might be added the confessed dislike of AUGUSTINE and ELTON for the accused.

THE Court is of the opinion, that while a strong suspicion might attach to the accused, the evidence is not such as would warrant a conviction.

IN the circumstance the case is dismissed.

French Judge
British Judge
Assessor
Acting Registrar