NEW GUINEA MURDER Magistrate criticised

Press, Volume CXII, Issue 32845, 19 February 1972, Page 17

NEW GUINEA MURDER Magistrate criticised

(N.Z. Press Assn.—Copyright) RABAUL, February 18. Papua-New Guinea’s Chief Justice, Mr Justice Minogue, today .criticised a Magistrate and police for their handling of a Tolai charged with murdering the East New Britain District Commissioner (Mr Jack Emanuel). He said that one police action was “both inapt and a breach of the spirit of police instructions.” But in spite of improprieties, he said, a statement by William Taupa could be admitted as evidence. Taupa, is one of 13 Tolais who have pleaded not guilty to murdering Mr Emanuel at Kabaira, 22 miles from Rabaul, on August 19.

Taupa’s counsel, Mr J. W. Galbally, Q.C., earlier this week opposed the admission of the statement.

He said that police had deliberately kept Taupa in a cell at Rabaul police station and had threatened and taunted him to extract a confession.

Mr Justice Minogue said today that a Magistrate, Mr T. Mitchell, had erred in not following up Taupa’s allegations of police ill-treatment at a district court hearing. The Magistrate might have been “imbued with a sense of shock,” over an event, "unique to Rabaul and to Papua-New Guinea.”