SOAMOAN CONVICTION

Manawatu Standard, Volume L, Issue 194, 15 July 1930, Page 2

SOAMOAN CONVICTION

LAWYER’S APPEAL. Per Press Association. WELLINGTON, July 14. At the hearing of the appeal of T. x>. Slipper, solicitor, of Apia, Samoa, before the Full Court, Mr Von Haast asked leave of the Court to put in evidence taken in Samoa relating to the policy of the Administrator during the disturbances in December of last year and to make submissions thereon for the purpose■ or acquainting the Court with the “atmosphere” in Samoa at that time. The Solicitor-General, however, objected on the ground that such submissions were irrelevant and might, contrary to Mr Haast’s intentions, be used as propaganda to stir up dissatisfaction against the Administrator. The Court allowed the evidence to be put in, and Mr Von Haast proceeded to deal with it and criticised the action of the Administrator in connection with the arrests of Samoans. Mr Fitzherbert, in support, contended that in order to determine whether Mr Slipper had been actuated by malice the Court should take notice of the whole correspondence between tu e parties, the physical events leading to the writing of the letter and the mental attitude of Mr Slipper and his Samoan clients. The hearing was adjourned until tomorrow.

FULL COURTS CONSIDERATION

TO-DAY’S HEAEING. Per Press Association. WELLINGTON, July 15. The hearing of the appeal oh Thomas Benjamin Slipper, of Apia (Samoa), Barrister and solicitor, from the conviction recorded against him in Samoa this year was resumed by the Full Court this morning. The SolicitorGeneral, Mr A. Fair, K.C., for the Crown contended that the letter to the Administrator contained several gross defamatory libels, which were: —

(1) That the Administrator deliberately adopted and determined to continue the terrorisation of women and children. (2) That the Administrator regarded the safety of Samoan women and children as of no consequence. (3) That the Administrator would not prevent unnecessary victimisation and shooting of women and children. (4) That death and bloodshed were of small consequence to the Administrator compared with his desire, evident and expressed, of absolutism.

The Solicitor-General submitted that considering the surrounding circumstances and the time when the letter was written it was hard to conceive a libel more calculated to bring the Administrator into hatred and contempt. The charges in the letter were absolutely false and made the Administrator out to be a man with whom no decent person would associate, and absolutely unfitted for the duties of the office placed upon him. Mr Slipper had endeavoured to make the letter as insulting and abusive as possible. The letter was not entitled to proection as being privileged, because the charges were made recklessly, and the letter contained defamatory statements irrelevant to matters in the common interest. Further, neither Mr Slipper nor his lady clients had any honest belief in the truth of the statements. The privilege of Mr Slipper as a solicitor was co-extensive with that of his clients, and his clients had none. The Solicitor-General continued that there were two separate charges proved against Mr Slipper, and he was rightly convicted in respect of both. The Administrator was a member of the Legislative Council of Western Samoa and also a member of the. Civil Service, an officer holding the highest office. The Administrator was not made expressly a member of the council, but was entitled to preside, with the right of veto. His position in the council, however, was not made precisely clear by Statute, but there was no doubt that he was a member, of the Civil Service, and that established the second charge. The Court had no power to review the amount of the sentence imposed by the Chief Judge of Samoa.