APPEAL FAILS

Hawke's Bay Tribune, Volume XXIII, Issue 103, 12 April 1933, Page 4

APPEAL FAILS

COOK ISLANDERS’ CASE. By Telegraph—Press Association. WELLINGTON, April 12. Dismissing the appeals by Kairoia Koia and Ngaterongo Israle, the Court of Appeal held that the application for review of the sentences passed by the High Court of the Cook Islands (if it could be brought at all) could be brought only under section two of the Crimes Amendment Act, 1920. However, in the opinion of the Court that Act had no application to the Cook Islands and. consequently, the appeal must fail. Kairoia Koia and Ngaterougo Israle, both of the Cook Islands, appealed from sentences of hard labour totalling five years ami 15 years respectively, imposed by the High Court of the Cook Islands. The first prisoner, while already serving a term of hard labour with 2.1 years to run. escaped irom custody and broke into a store. He wag convicted of burglary and sentenced to five years’ hard labour. The secund prisoner, who was serving a term of hard labour with 7| years to run, also escaped and set fire to a store after burgling it. He was convicted on two charges of burglary and one of arson and sentenced to three terms of five years’ hard labour, the sentences to b<> cumulative. The ea r whs unusual iu that both the Crown and the appellants were representer) h\ the SolicitorGeneral. Mr Fair stated that the preliminary question for the decision of the Court was whether the Court of Appeal had power to review sentences imposed in the Cook Islands.