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Public Prosecutor v Bice [2007] VUSC 34; Criminal Case 87 of 2006 (7 May 2007)

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

CRIMINAL CASE No.87 of 2006

PUBLIC PROSECUTOR

-v-

DAIS BICE

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

JUDGMENT

This is the trial of the Defendant, Dais Bice. This Defendant is charged with one count of Cultivation of Cannabis Plant, contrary to Section 4 of the Dangerous Drugs Act [CAP.12] and one count of Unlawful Possession of Cannabis Plants, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12].

The Defendant pleaded not guilty to both offences as charged against him.

Messrs Nigel Morrison and Christina Thyna represented the Defendant and 21 others from Preliminary Inquiry to the plea stages. At the trial, the Defendant elected to represent himself like all other 21 Defendants. The defence counsel were excused from their attendance 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) Jeffrey Wimbong
(3) Erickson Paul
(4) Gerald Molturalala
(5) And the following exhibits-

- Plants
- Photos
- Crime scene report

The brief facts are that Moses Tom, the Chief of Melip complained to the police against some people of Melip Village, Malekula, for unlawful possession and cultivation of cannabis plants. On 20 October 2006, the police on board MV Tukoro went to Melip and arrested 20 persons including this Defendant. Police found the Defendant has with him 416 cannabis plants in a nursery and 196 cannabis plants that are transplanted in the Defendant’s garden. After his arrest, the Defendant was brought to Vila with his cannabis plants.

The Quarantine Officers identified the plants and weighed them. The green cannabis plants weighed 5.16kg. Samples of the plants were tested. The test turned blue colour indicating the presence of cannabis substance in the plant. He admitted to the police that the nursery and the garden of cannabis belong to him.

In his defence, he admitted he planted cannabis to multiply them. He said he hear the news that cannabis is good for consumption and sale for money. He admitted to the police he has garden of cannabis and took the police to his garden. He has 416 cannabis plants seedling, in the nursery and 196 cannabis plants transplanted into his garden.

In cross-examination, he confirmed, cannabis is big money. He is a member of an association. Moïse Tohtes Païs is the Chairman of the association. He queried about Vanuatu laws and asked how many laws Vanuatu has. He knew of only on Vanuatu laws:-

"Long God yumi stanap".

He finally said, he knew Vanuatu Laws are against the cultivation of cannabis plants but he stands by the law of God. He explained he sold cannabis to people to eat.

He was asked whether he knew that cannabis can provide diseases to persons who consumed them. His response was: "sipos yu tekem good i good. Sipos yu tekem wrong, yu wrong... sipos man i tekem gud hemi olright. Hemi no save mekem trouble. Sipos hemi tekem nogud hem bae igat trouble always ino save finis."

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

Sections 2(13); 4 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"

"PROHIBITION OF CULTIVATION OF CANNABIS PLANT

4. The cultivation of any plant of the genus Cannabis shall be prohibited."

"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 cultivation of cannabis contrary to Section 4 of the Dangerous Drugs Act against the Defendant Dais Bice on the criminal standard.

The prosecution fails to prove the offence of Unlawful Possession of Cannabis on the required criminal standard against the Defendant.

VERDICT

Cultivation of Cannabis Plants: GUILTY and CONVICTED
Possession of Cannabis: NOT GUILTY and ACQUITTED

I direct that the (196 + 416) = 612 Cannabis plants of 5.16kg and 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