LEAVE TO APPEAL REFUSED

Hawera Star, Volume LIV, 29 March 1935, Page 7

LEAVE TO APPEAL REFUSED

THE HON O. F, NELSON’S CASE. PRIVY COUNCIL DECISION. Tlie Privy Council has refused Olaf Frederick Nelson (leave to appeal against the convictions and sentences imposed upon him in March, 1934, by the High Court of Samoa in respect to three charges under the Samoa Seditious Organisations Regulations, 1930. Nelson was sentenced to eight months imprisonment and to ten years’ exile from Samoa. He appealed to the Supreme Court of New Zealand and the appeal was heard by a Full Bench in April. The Court upheld the convictions and did not disturb the sentence of ten years’ banishment-, but decided that he should not be required to surrender his hail and return to prison. He is-now in., Auckland. Mr P. B. Cooke, on hi s bell ak, applied to the Court for leave to appeal to the Privy Council. The Court, held that it had no jurisdiction to. grant such leave, but intimated that it was open to the Hon. Mr Nelson to appeal to the Judicial Committee of the Privy Council to exercise its prerogative and grant him leave to appeal. That application Nelson made and cable advice has been received yesterday that the Privy Council refused leave. What will the Hon. Nelson do now? He has one last course open to. him; he may request the Governor-General to exercise his power to deal with the question of exile. i That phase was dealt with by the Chief Justice (Sir Michael Myers) in his judgment delivered on June 29 last: “Having regard to the history of the Mau and the appellant’s connection with it, I do hot think that the sentence so far as the period of exile is concerned should he disturbed. The Governor-General has power at any time to deal with this part of the sentence under section ,244 if h© thinks that conditions warrant his so aching.”