ABOVE THE LAW.

Hawera Star, Volume XLV, 14 July 1925, Page 9

ABOVE THE LAW.

JUDGE OF THE SUPREME COURT. EXEMPT FROM CIVIL LIABILITIES (by TELEGRAPH. PRESS ASSOCIATION.) WELLINGTON, July 14. That a judge of the Supreme Court is absolutely exempt from all civil liabilties for acts done by him in the execution of his-judicial functions, even when he exceeds his jurisdiction, was the effect of a reserved judgment given by Air Justice Ostler to-day in two separate motions made on behalf of Stanley Uren Thomas for leave to serve two writs in Samoa, the contemplated action having reference to the refusal of the Administrator to allow his return to Samoa, and the circumstances arising therefrom. The facts set •out that on 17th January 1924, Thomas was convicted by the Chief Judge of the High Court of Samoa, upon the charge of theft of £45, and was sentenced to four months’ imprisonment in New Zealand. Later ho was brought before the judge, who said he could not inflict a sentence of four months in New Zealand, and then sentenced him to six months, hut as he did not want him to he imprisoned for six months, recommended the Administrator to remit two months of the sentence. This was done. After serving three and a half months in_ Auckland, Tlioma s was released. He tnen desired to return to Samoa, where he had left his wife and children, hut was refused a ticket on the steamer, as he alleged, by the Justice Department. Thomas < was advised that he had a good action against the 'Administrator and the judge, and asked leave to serve writs on these gentlemen. His Honor held that the High Court of Samoa was a superior court of record, and that it was only judges of an inferior court of record who are iiahie for damages for acts done in excess of their jurisdiction.