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Public Prosecutor v Willie [2007] VUSC 41; Criminal Case 97 of 2006 (7 May 2007)

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

CRIMINAL CASE No.97 of 2006

PUBLIC PROSECUTOR

-v-

SAM WILLIE

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

JUDGMENT

This is the trial of the Defendant, Sam Willie. He is charged with one count of Unlawful Possession of Cannabis, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12] and one count of Cultivation of Cannabis plants, contrary to section 4 of the Dangerous Drugs Act [CAP.12]. The defendant pleaded not guilty to both counts.

The defendant, like 21 others, was represented by the Law Firm of Ridgway Blake Lawyers to the pleas. At the trial, the defence counsel were excused with the leave of the court.

The prosecution and the defence counsel have considered the case prior to Court sitting and on 27 February 2007, agreed that the following statements and exhibits go in by consent:-

(1) Moses Tom
(2) Chief George Twomey
(3) Gerald Molturalala

Exhibits
- Plants
- Photo
- Crime Scene report

Briefly the facts are that Chief Moses Tom complained against some of the people of Melip Village including the defendant who were involved in cultivation and possession of cannabis. The police removed 5 plants of cannabis at the garden of the defendant at Melip Village on 20 October 2006. This was confirmed in the statements of Chief Inspector George Towmey of 27 October 2006 and in the records of interview of the defendants.

The defendant, Sam Willie exercise his right to remain silent. He did not give evidence. However, in the final submission at the end of the trial. He submitted that he followed his faith and cannabis is God’s creation so he planted cannabis.

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

Sections 2(13), 4 and 17 of the Dangerous Drugs Act [CAP.12] are the relevant provisions. They provided 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, I am satisfied that the prosecution has failed to 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 SAM WILLIE.

However, the prosecution has proved the offence of cultivation of cannabis plants, contrary to Section 4 of the Dangerous Drugs Act [CAP.12] against the Defendant on the required criminal standard.

VERDICT

• The defendant, SAM WILLIE IS NOT GUILTY OF Possession of Cannabis, contrary to S.2(13) of the Act. The Defendant is acquitted of the offence of Possession of Cannabis accordingly.
• The defendant is guilty of the offence of Cultivation of Cannabis plants contrary to Section 4 of the Act and he is the final convicted of it accordingly.

I direct that the 5 plants of Cannabis seized from the defendant by the police 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