APPEAL FROM NIUE

Press, Volume LXXXIV, Issue 25548, 16 July 1948, Page 8

APPEAL FROM NIUE

NATIVE SENTENCED TO IMPRISONMENT CHARGE OF ATTEMPTS® RAPE I (P.A.) AUCKLAND, July 14 An appeal against his conviction nd the sentence Imposed by the High Court of the Cook Islands was heard to-day by Mr Justice Finlay in the Supreme Court Thd* appellant was a Niue Islander, Pio. matagi (Mr Baxter), who on March 22 last was sentenced to three years’ imprisonment with hard labour on a charst of attempted rape. It was his behalf that the evidence heard not prove the charge beyond reasonable doubt. Mr G. S. F. Meredith opposed the appeal on behalf of the Crown. Mr Baxter said the maximum in the Cook Islands for attempted rape was 10 years’ imprisonment, and a right of appeal lay if the sentence was of mow than three months. He had received, mirable assistance from the Clerk - of the Court on Niue Island, Constable C. Me* Intosh, who was also Registrar, Chief of Police, Clerk of the Native Land Cmirt, and prosecutor. He had certainly done his very best to see that this man had a fair hearing. His Honour said the constable seemed to have shown a great deal of and energy in the whole matter. He had done an extraordinary amount of workMr Baxter said the High Court at Niue Island consisted of the Resident Commissioner (Mr C. H. W. Larsen) as judge and six selected assessors. The judge and five assessors were for conviction and one assessor was for acouittal. Mr Larsen waj a very fine man and an excellent adminis* trator. but he could not be expected tt know criminal procedure and the rules of evidence. Witnesses Not Questioned The first objection Mr Baxter raisdi was that the assessors had been treated as a jury and had appointed a forenu Then the evidence was presented in form of written statements, and then. could have. been taken together from w ' nesses in collusion. Not a single quSstifi had been sjsked witnesses. The accuM? had been more of less called as a witnffiS against himself. The evidence, even accepted, did not prove the charge beyo reasonable doubt. Counsel said that in the primitiW* >■ ciety o£ Niue there were not the Mt repressions and frustrations as in a highly organised society, and that made tdraMT sexual crime less likely. He suggested that trouble over land was behind tte accusations against the accused. Wlj Mr Meredith said the appeal could,not?! succeed unless it was shown that the diet was such as reasonable men coul&| not reasonably and properly have lowkE The story told in this case was cut one and well corroborated. SWUjj reversing the decision of the High ComJ the Court must be satisfied that a stantial miscarriage of justice had I® curred. Any crime of the type chsrfijft must be regarded as serious." His Honour reserved his decision. .gS