DEFAMATORY LIBEL

Auckland Star, Volume LXI, Issue 66, 19 March 1930, Page 8

DEFAMATORY LIBEL

SOLICITOR SENTENCED. JUDGE LUXFORD'S DECISION. REVIEW OF THE APIA CASE. .(From Our Own Correspondent.) APIA, March 4. On charges of publishing a defamatory libel against his Excellency the Administrator of Western Samoa, and of using abusing and insulting words against the same authority, Thomas. Benjamin Slipper, barrister and soli- j

citor, was sentenced by Chief Judge Luxford to three months' imprisonment and fined £105. Being subsequently granted leave to appeal to the New Zealand Supreme Court, he was released from custody on bail of £200.

Answering the charge of defamatory libel, the defendant, who pleaded not guilty, and conducted his own case, said there was no defamation within the meaning of section 153 of the Samoa Act, 1921; that the statements were published for public benefit and were in fact true; that they were published on a privileged occasion, and that the statements were written and published in his capacity as a solicitor for foujladies and therefore as such the writer was privileged. Searching the Fales.

Reviewing the facts at considerable length, his Honor said the charges arose from a letter sent from defendant, on behalf of four lady Samoan clients, to the Administrator, copies of the letter being also sent to the Prime Minister, Commodore Blake and the judge. As the result of a search of the fales in Vaimoso by police and men of the Royal Marines on February 4 and 5, several

Samoan women objected to the methods employed and complained to the widow of Tamaisese, who wrote to Mr. Slipper. Slipper had in his possession a letter, about which he had correspondence with the commodore with regard to its presentation. It was in the nature of a protest from a very large number of Samoan women, expressing alarm at the shooting down of relatives by the New Zealand police and seeking protection. It was finally arranged that this communication would be delivered to the commodore and Administrator at 10.30 on February 11. The ladies were: Mrs. Nelson, Masiofo Ala Tamasese, Faamu and Paisami, accompanied by Mrs. Meunch as interpreter. To this deputation the Administrator expressed regret at what had happened, explained that j the reason for bringing the Dunedin to Samoa was to preserve order, and that the solution of all trouble was in the power of the Mau. Slipper then went to his office and dictated the letter which was the basis of the charges. It was read over to the clients and approved by them. The prosecution contended that the letter meant that the Administrator refused to protect the women and children of Samoa against terrorisation by armed Government forces, against death by unjustifiable rifle fire, and, also, that he intended to inflict death and bloodshed to secure the absolute rule of the land. As a matter of law, said the judge, the letter was reasonably capable of that meaning, and therefore defamatory. Further, the statements of the letter were also untrue. " Relied on His Clients." The evidence showed that the ladies explained to the defendant what had taken place at the meeting at Mulinuu. I The commodore had given to the Court a very detailed account of what was said there; the defendant had not attempted to traverse in cross-examina-tion or by evidence what the commodore told the Court. He said that he relied entirely on what the ladies told him and that he merely put into his own words the sentiments which they had expressed. If those ladies had expressed such sentiments based on what had been said at | their meeting with the commodore itj must have been apparent to the defend-! ant that they were under a cruel j delusion. I

It followed, therefore, that the defendant must be convicted of the offence of publishing a defamatory libel referring to the Administrator of Western Samoa. He was convicted accordingly and also for an offence under section 154.

Defendant, before sentence, said he was in ill-health.

Mr. W. K. Andrews acted for the prosecution.