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Public Prosecutor v Boule [1937] VUNHJC 5; Criminal 640 (1 October 1937)

JOINT COURT OF THE NEW HEBRIDES

No. 640

JUDGMENT

This first day of October, one thousand nine hundred and thirty seven,

Before Their Honours;

M. BOSCH-BARRETT, President,
W.C. CAREW, British Judge,
C.A. DOLEY, French Judge,
assisted by Mr. STEINMETZ, Acting Registrar.

In view of a charge against the native BOULE, of Ambrym, employed by Mr. COLARDEAU, plantor, residing at Vila, that he did, at the place called Devil's Point, on the 2nd December, 1936, by lighting a fire, involontarily cause a fire on the property of Mr OHLEN.

The Court having heard the accused in his defense put forward by him and by Mr. DUJARDIN, Native Advocate, - the said accused being assisted by the native Frank as interpreter;

And after having heard the address of monsieur BERTHAULT, Public Prosecutor "ad hoc", the Court then retired.

Whereas it results from the hearing, that on the 22nd December, 1936, a gang of natives employed by Mr. BELLOC, were sent by their employer on Mr OHLEN's property in order to repair a fence;

That at a certain place on Mr OHLEN's property, the said BOULE, on the instigation of his mate FONG, did obtain fire by the friction of two sticks, with a view of lighting the cigarettes of the other boys;

That the gang having then moved on, one of the natives named OKUS, took a brand, placed it in a tin and carried it away with him, after having seen one of the other boys put out the fire and cover it over with earth.

Whereas the fire took place on the track followed by the natives when on their way to their work, after having left the spot where the first fire had been lit;

Whereas it results that the said BOULE cannot be the author of the fire as set down in the accusation;

Now THEREFORE IT IS THIS DAY ADJUDGED:

That the charge against the said BOULE is dismissed, and that the costs of the proceedings will be paid by the Condominium Government.

President of the Joint Court
French Judge
British Judge
Acting Registrar.