SENTENCE OF EXILE

New Zealand Herald, Volume LXXII, Issue 22166, 20 July 1935, Page 19

SENTENCE OF EXILE

earotongan case r* lEAVE to appeal refused CHIEF justice gives reasons f Application for special leave to apt»al against a sentence of exile from JUrotonga was made by David William jfcßirney to the Chief Justice, Sir Jlichael Myers in the Supreme Court, ja Wellington, but his Honor refused {he application and advised Mcßirnev that if he wished to cany the matter further he should apply to the Gov-ernor-General in Council. Id 1933 Mcßirnev was sentenced by Judge Arson- on a criminal charge to two years' imprisonment, to be followed by five years' exile from Rarotonga. At the hearing Mcßirnev appeared in person. The Solicitor-General. Mr. H. H. Cornish. K.C., appeared for tie Crown. "I want to go back to Rarotonga., if possible, as 1 cannot get work here in Is'ew Zealand, ;and my people and home are in Rarotonga," said Mcßirnev. His mother was there, he added, and dependent on him. He had completed his two years of imprisonment, and he could say that his conduct had been good all the way through. As he ■had no dependant in New Zealand he was classed as a single man and could get no relief work. Nature o! Offence The Chief Justice said he did not want to refer unnecessarily to the offence, which had -come before Judge Arson in Rarotonga. " He knows the psychology of the people there," said Sis Honor, " and I assume he cumo to the conclusion that the nature of tout offence was such that if you were allowed to be in Rarotonga after the expiration of your sentence it might have a serious effect." Mcßirnev contended that the sentence was too harsh. His Honor: I'm not perfectly clear that- I have jurisdiction, but supposing I have, I can only exercise it if voa can show me that the sentence was

too harsh. Can you do that? Mcßirney: I can't say anything about that. The case was tried and I was . found guilty. His Honor: What do you say about the haiyhness of the sentence?—l think \ it was rather hard, not only on nayself but on my mother. Conditions in Earotonga

Mr. Cornish said that the Judge had a knowledge of the conditions in Ilarotonga. The population was a predominantly native one, there being 4500 natives and 150 to 200 whites. It might well have been that the Judge thought a high standard of conduct should be required of the -whites, and that their falling short of it might have a bad influence on the native population, to shield whom the Judge had a sort of obligation. It was his duty, therefore, to remove from that predominantly native population— His Honor: That's exactly what I fee). Mr. Cornish: He has removed a menace. His Honor: Yes. Mr. Cornish said he would not refer to the question of jurisdiction. The Chief Justice expressed himself as satisfied that even assuming the Court had jurisdiction, the sentence was not one that he could justifiably interfere with. " I can quite underistand that there might be a very good reason such as the Solicitor-Gtineral has referred to why sentence of exile should be imposed in a case like this. I think that the question of whether or not he should be allowed to return there now or at any time before the expiration of the term of exile is really a matter of administration."