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Public Prosecutor v Naturel [1948] VUNHJC 5; Civil 767 (14 May 1948)

JOINT COURT OF THE NEW HEBRIDES

Judgment No. 767

The fourteenth day of May in the year One thousand nine hundred and forty eight,-

Before Their Honours:

This is a charge brought against André and Jacques NATUREL, French citizens, planters living at Aisse (Santo) accused of contempt of Court committed against officers of the Court acting in the exercise of their duties. (Breach of Article 12, paragraph 6 of the Protocol of 6th August 1914).

At the Hearing held on 4th May 1948 Jacques NATUREL was heard in his defence as presented by himself and by his Counsel, Mr PUJOL. The accused André NATUREL, who did not appear, was also represented by Mr PUJOL.

The witness Mr Inspector of Labour LE TREUT gave evidence and the Public Prosecutor ad hoc having delivered his address, the Court retired to consider its judgment.

JUDGMENT

Whereas from the admissions of the accused, the evidence in the file and that given at the Hearing, there is sufficient proof that the accused did at Santo on 30th October 1947 address the following words to Messrs. LE TREUT and GUEDES, Condominium Officers acting in the exercise of their duties:

"Vous êtes trop fainéants pour écrire?
"Vous êtes payés pour quoi foutre?
"Vous êtes des fainéants chargés de nous emmerder."

Whereas these expressions are offensive and contemptuous and of a nature involving the honour of the said officers and as such constitute a contempt of Court within the meaning of Article 12, paragraph 6 of the Anglo-French Protocol of 6th August 1914.

And whereas there are certain extenuating circumstances in favour of the accused,

ON THESE GROUNDS,

The Court,

Sentences André NATUREL to pay a fine of One thousand francs,

And Jacques NATUREL to pay a fine of Five hundred francs.

The accused are further ordered jointly and severally to pay costs amounting to sixty francs.

French Judge
British Judge ad hoc
Assessor
Registrar ad hoc