Public reprimand for Sir Albert

Press, 22 June 1978, Page 2

Public reprimand for Sir Albert

PA Rarotonga The Premier of the Cook Islands (Sir Albert Henry) received a public reprimand in the Cook Islands High Court yesterday for contempt of court. Also rebuked by the Chief Justice of the Cook Islands (Mr Justice Donne) were two local news editors and the Cook Islands Broadcasting and News Corporation.

His Honour accepted their opologies and decided not to take punitive action, but warned that he would not hesitate in future to imprison offenders “irrespective of their standing.” His Honour also said he felt it appropriate to say that an incorruptible police force was indispensable in upholding the rule of law and was answerable to the rule of law alone. The police had quite rightly carried out the contempt investigation. Of Sir Albert and Mr Michael Drollett. the manager of the Broadcasting Corporation, he said: “I must say 1 am disappointed, to say the least, in the manner in which they conducted themselves." His Honour was referring to a telegram sent by the Porirua branch (Wellington) of the Cook Islands Party to Sir Albert, which the Premier had passed on to the C.1.8.N.C. for broadcast.

The telegram had offered support to Porirua C.I.P. officials. Messrs Samuel and T. Karati, “for the lies against them.” Messrs Samuel and Karati were last week convicted of bribery and corruption. The editor of the “Weekender Newspaper,” Mr Marii Mahutariki, which published the text of the telegram and commented on the contempt

already brought to his Honour’s attention, was told that his offence was “just as bad, if not worse, than the first contempt." Even greater care should have been taken to avoid contempt in view of the early contempt having been raised.

His Honour directed that his rulings should be broadcast over Cook Islands Radio both in English and Maori to correct any false impressions of the witnesses or jury in the trial of Messrs Samuel and Karati which may have been created by the broadcasting of the telegram.

His Honour told Mr Mahutariki that a suitable form of apology would have to be published in the newspaper’s next edition and his remarks on the “Weekender” case : would have to be broadcast Iby the radio station. i Mr L. W. Brown, Q.C., 'appearing for Sir Albert, said the Premier accepted responsibility for passing on the telegram for broadcast. He had hoped the message would be some measure of solace to the relatives and friends of the defendants.

No disrespect to the court had been intended. Mr C. M. Turner, Advo-cate-General, said the telegram had been broadcast without referral to him because it was felt that the message was one of condolence rather than criticism.

Mr T. C. Clarke, appearing for Mr Mahutariki, said it was clear to him that the editor of the newspaper had not been aware of the contempt he committed.

His Honour said there were three grounds on which the telegram broadcast could be considered contemptuous. The proceedings against

! Messrs Samuel and Karati had been unfinished — the jury had decided, but sentence had not been passed by himself — and the comment could technically have influenced his decision on punishment. There was the much more grave and disturbing aspect of intimidation of witnesses, who were seen to have violated their oaths and told lies. “It is hard to imagine a more damaging and destructive allegation,” said his Honour. Potential witnesses could be frightened off giving evidence if they were likely to be publicly maligned on radio broadcast throughout the Cook Islands. He could not think.of “a grosser or more reprehensible offence,” against the Court. There was also the suggestion that the jury was not a fit and proper jury, violating its oath to do justice. The Court would not tolerate any interference with jurors. His Honour said the jury question had bothered him so much that he felt it necessary to point out that the jury had been selected from a list compiled at random without political bias. Earlier, his Honour made Mr Drollett stand before him while he admonished him for delaying the start of proceedings 25 minutes. He also rebuked Mr Drollett for the clothes he was wearing — open-necked shirt, slacks and sandals. His Honour said he doubted the excuse that Mr Drolletts car had been “jammed in” at his office, and described the delay incident as contempt in the face of contempt.