T. B. SUPPER’S APPEAL

Hawera Star, Volume LI, 13 September 1930, Page 5

T. B. SUPPER’S APPEAL

ONE CONVICTION TO STAND

DEFAMATORY LIBEL IN LETTER

SAMOAN SENTENCE CONFIRMED

(By Tele-graph—Press Association.) WJ2LLIJSjGTON, Sept. 12. The Full «. ourt to-day delivered judgment in the appeal brought before it last- July by Thomas Benjamin Clipper, solicitor, formerly practising m Samoa, from two convictions by the High c ourt of Western Samoa on informations made under Sections 153 and 154 of the Samoan Act. The judgments of the Chief Justice (Sir Michael Myers) and Justices Heed and Adams were delivered by the Chief Justice.

His Honour held that the conviction under Section 154 could not stand, as the section contemplated spoken words only, and, therefore, a letter written by Slipper to the Administrator of Samoa would not constitute an offence under that section.

Dealing with the conviction under Section 153 on the information that Slipper did publish a defamatory libel against the Administrator of Samoa, His Honour said that the letter was full of most objectionable and insulting (if not perhaps seditious) expressions. The Chief Justice iu Samoa had held that several statements in the letter, and particularly those in the latter portion, were defamatory of the Administrator and false. Tli© court was completely in agreement with this view. The letter was published to the Commodore, a copy being sent him by Slipper. By his instructions there was also publication to some Samoan women; also to an interpreter. It was contended on behalf of appellant at the hearing that- the publication to the Commodore was one to which qualified privilege attached. His Honour held that he could not accept this contention, for privilege could only attach if the Commodore had common interests with those for whom appellant was acting, but this was not so, and further that, even if qualified privilege did attach to the letter by reason of the fact that it was written by appellant as solicitor for Samoan women, the privilege was lost, as Slipper had introduced a defamatory statement of his own. The court refused to vary the sentence imposed on Slipper, for the express reason that in imposing sentence the High Court of Samoa had to take all the circumstances into consideration and was in a better position than the Full Court to determine what penalty should have been imposed. The libel was a very gross one. It was shown to a number of Samoans and His Honour said it was difficult to imagine circumstances under which a libel was more likely to be widely disseminated. Mr. Justice Herdman wrote concurring with the judgment.