UNITED STATES FORCES

Southland Times, Issue 25025, 10 April 1943, Page 4

UNITED STATES FORCES

RIGHT IN CRIMINAL CASES (P.A.) WELLINGTON, April 9. In a statement today the Prime Minister, the Rt. Hon. P. Fraser, said that the United States Forces Emergency Regulations, which were gazetted last night, granted to the American authorities exclusive jurisdiction in respect of criminal offences committed or alleged to have been committed by members of the United States armed forces. The terms of the regulations had been under discussion for some time with the United States authorities, and he expressed his thanks for the help they had given. The Governments of New Zealand and the United States agreed that the exercise of this exclusive jurisdiction in criminal matters by the United States forces should be on the following basis:— (a) That the United States service authorities and courts concerned be able and willing to try and on conviction to punish all criminal offences which members of the United States forces may be alleged on sufficient evidence to have committed in the Dominion of New Zealand, Cook Islands or Western Samoa, and that the United States authorities are agreeable in principle to investigate and deal with appropriately any alleged criminal offences committed by members of the United States forces in New Zealand, the Cook Islands or Western Samoa which may be brought to their notice by the competent New Zealand authorities or which the American authorities may find to have taken place. OPEN COURT (b) That the trial of any member of the United States forces for an offence against a member of the civilian population will be in open court except where security conditions forbid and will be arranged to take place promptly within a reasonable distance from the spot where the offence is alleged to have been committed so that witnesses shall not be required to travel great distances to attend the hearing. (c) That satisfactory machinery be devised, between the competent. American and New Zealand authorities for such mutual assistance as may be required in making investigations and collecting evidence in respect of offences which members of the United States forces are alleged to have committed or in which they are alleged to be concerned, and that in particular as a general rule such preliminary action should be taken by the New Zealand authorities on behalf of the American .authorities where witnesses or other persons from whom it is desired to take statements are not members of the United States forces; and that the assistance of the American authorities be given in the prosecution before N ew Zealand courts of persons who are not members of the United States forces where the evidence of any member of these forces is required or where the assistance of the American authorities in the investigation of a case (including taking a statement from American forces) may be needed. DURATION OF REGULATIONS

(d) That the foregoing arrangements shall operate during the conduct of the conflict against our common enemies and until six months or such other period as may be mutually agreed upon aftei- the final termination of such conflict and the restoration of peace. “It has also been agreed,” said Mr Fraser, “that if the occasion should arise the Government of the United States would endeavour to accord reciprocal rights to New Zealand forces in territory under United States jurisdiction. We are following the example of Britain in making these regulations, and we are convinced that the concession which we have given to our American Allies is most expedient in the circumstances and will assist them by ensuring the concentration of their authority over their own men.” ARRANGEMENT WELCOMED (P.A.) WELLINGTON, April 9. “I would .think that this arrangement would be approved, if not welcomed, by the legal profession throughout New Zealand,” said the president of the New Zealand Law Society, Mr H. F. O Leary, when asked how the legal profession in this country viewed the treaty between the United States . and New Zealand Governments. “We do know,” he continued, “that a similar arrangement has operated in Great Britain for some time, and as far as we know it has worked smoothly and satisfactorily. It js correct to say that it is a radical departure from the principle which up to this time has always operated in British countries, namely, that offences coming within their jurisdiction should be dealt with in local courts, but it is a feature of British common law that it is not static. It changes and it must change with differing circumstances and with modern requirements. The circumstances existing in New Zealand at the present time require a change, and it seems to me that what has been arranged is necessary to meet the circumstances as they exist today. I would think that the arrangement would work satisfactorily as it has in Great Britain.”