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Public Prosecutor v Aelul [2007] VUSC 30; Criminal Case 91 of 2006 (7 May 2007)

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

CRIMINAL CASE No.91 of 2006

PUBLIC PROSECUTOR

-v-

WASAMI AELUL

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

JUDGMENT

This is the trial of the Defendant, Wasami Aelul. He was charged with one count of the offence of Unlawful Possession of Cannabis seeds, leaves and dried leaves, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12]. The Defendant pleaded not guilty to that charge.

The defendant was initially represented by the law firm of Ridgway Blake Lawyers until the plea. The defence counsel were excused to represent the defendant with the lwave of the court.

The following statements and exhibits are agreed by the prosecution and the defence counsel to be admitted by consent:-

(1) Moses Tom

(2) Erickson Sylvain

(3) Ausi Aely

(4) Jeffrey Wimbong

(5) Jim Songi

(6) Exhibits:-

- Plants

- Photos

- Crime scene report

The facts show that the Defendant had in his possession cannabis seeds, plants and dried leaves contained in 5 packs. He was arrested by the police after the complaint of Chief Moses Tom. He was brought to Vila with the cannabis seeds, plants and dried leaves. They were identified and weighed by Quarantine Officers. They weighed 28.24kgs. They were also tested and the test shows the presence of cannabis substance in the seeds, plants and dried leaves.

The Defendant exercises his right to remain silent.

The law is for the prosecution to prove the elements of the offence against the Defendant beyond reasonable doubt. It there is a reasonable doubt, the Defendant must be acquitted of the charge.

Sections 2(13) 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"

"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, the prosecution has proved the offence of Possession of cannabis seeds, plants and leaves against the Defendant on beyond reasonable doubt.

VERDICT

The Defendant Wasami Aelul is found GUILTY of the offence of Possession of Cannabis contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12]. He is CONVICTED of it accordingly.

I direct that the 5 packs of Cannabis seeds, branches/plants and dried leaves seized from the Defendant be condemned by 8 May 2007 before lunch time.

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

BY THE COURT

Vincent LUNABEK
Chief Justice