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Public Prosecutor v Keke [1956] VUNHJC 5; Criminal (A) 13 of 1956 (7 December 1956)

THE JOINT COURT OF THE NEW HEBRIDES

JUDGMENT No. (A) 13/56

PUBLIC SITTING of the 7th. DAY of DECEMBER, 1956.

Assisted by:- E. Buteri, Acting Registrar.

ACCUSED: Patrick KEKE of Torres living at VILA.

CHARGES:

(1) Rape.
(2) Carnal knowledge of Selina MAKRATH, under age of 15.

PLEA:- Not guilty on both counts, through Native Advocate Mr. Pujol.

Mr. Bower, Prosecutor outlines the case.

ALFRED RAYMOND MILLS. Sworn. British M.O. On 28/11/56 examined Selina MAKRATH. Not a virgin. No sign of bruising or other signs of violent entry.

XXd PUJOL: She is light coloured for a Melanesian. I consider the girl is about 15 years of age.

CAREY. Native woman of Aoba about 50 years. My husband is Christian 3 children. One of the children has Samoan father - Georgi. I do not know Selina's age. On 12/11/56 I CAREY was washing out Selinas clothes. Saw blood. After I had questioned the girl she denied where it came from. Her son, Joe SONG came on the 22/11/56. As a result of what he said I again questioned Selina who said Patrick had had intercourse with her.

XXd. SELINA did not say she was forced.

CHRISTIAN FUDY of approx. 50 years, Carey's husband of Aoba. Selina was born on the 17/12/1942. I was present at the birth.

XXd. Selina was not born when this Samoan left the N.H. for Sydney.

XXd by COURT: I cannot read or write. I do not know why I remember this date.

SELINA. Sworn. Living at Tobakoro, 14 years old. On 31/10/56 I was washing clothes at back of house. Patrick came to house. He called to me to come inside. He took me by the hand. After that he had sexual intercourse with me. He pulled me to the ground. I called Mamma. Afterwards he gave me £ 1.

XXd. Declines to answer question that she had told N.A. that she did not cry out. Bloomers not torn. Patrick took me to the Cinema many times. We were going to marry but now he does not want to. I had not had sexual intercourse before. I have been going with Patrick for a long time.

Closes case for prosecution.

Defence not called and accused discharged on both counts.

French Judge
British Judge
Acting Registrar
Assessor