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Public Prosecutor v Edward [2007] VUSC 45; Criminal Case 102 of 2006 (7 May 2007)

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

CRIMINAL CASE No.102 of 2006

PUBLIC PROSECUTOR

-v-

AILUL APAL EDWARD

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

JUDGMENT

This is the trial of the Defendant, Ailul Apal Edward. The Defendant is charged with one count of Possession of Cannabis, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12].

This Defendant, like 21 others Melip village, was represented by the law firm of Ridgway Blake Lawyers until the plea stages. The defence counsel were excused from attending with the leave of the Court.

The prosecution and the defence counsel have considered the case prior to Court sitting and agreed that the following statements and exhibits go in by consent:-

(1) Moses Tom

(2) George Towmey

(3) Gerald Molturalala

(4) Uriel Leo

(5) Exhibits:-

- Plants

- Photos

- Crime scene report

The brief facts show that Chief Moses Tom of Melip village reported the Defendant to the police. The police went to Melip village. The police discovered 4 dried plants of cannabis and a role of cannabis contained in a wild umbrella leaf on 19 October 2006 at the Defendant’s possession. The Defendant was brought to Vila with the cannabis plants. The plants were identified, weighed and tested. The weight is 0.34kg. The result of the test showed the presence of the cannabis substance in the plants.

The Defendant exercises his right to remain silent and to call evidence. He made final submissions. He said cannabis is a creation of God so he possessed it

The law is that the prosecution must prove the elements of the offence beyond a reasonable doubt against the Defendant. If there is a reasonable doubt, the Defendant must be acquitted of the offence.

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, I am satisfied that the prosecution has proved the offence of possession of cannabis, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12] beyond reasonable doubt, against the Defendant.

VERDICT

Possession of Cannabis: GUILTY and CONVICTED

I direct that the 4 dried plants/leaves seized from the Defendant, Ailul Apal Edward by the police be condemned by 8 May 2007 by lunch time.

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

BY THE COURT

Vincent LUNABEK
Chief Justice