Samoa Solicitors Appeal Case Opens

Sun (Auckland), Volume IV, Issue 1023, 14 July 1930, Page 10

Samoa Solicitors Appeal Case Opens

APIA LIBEL CONVICTION T. B. SLIPPER IN COURT Press Association WELLINGTON, Today. The Full Court, consisting ot the Chief Justice, Sir Michael Myers, and Justices Herdman. Adams and Reid, is today hearing the appeal of Thomas Benjamin Slipper, of Apia, Samoa, a barrister and solicitor, from the conviction recorded against him in Samoa this year. An information was laid against. Slipper on February 14 by Mr. Braisley, a police official, that on February 12 lie did publish a defamatory libel against the Administration of Samoa in a letter which he wrote to the Administrator and that in the letter were words abusing and insulting to a member of the Legislative Council of Samoa. The case came on for hearing before the Chief Justice, the Hon. J. H. Luxford, on February 26, at Apia. The prosecution contended that the meaning of the letter was that the Administrator refused to protect the women and children of Samoa against terrorisation by an armed Government force and against death by unjustifiable rifle fire and that the Administrator intended to inflict bloodshed upon the Samoans in order to secure for himself the absolute rule of the country. The defence was that ’lie letter was not defamatory within the meaning of the Samoan Act, that the statements in the letter were true in fact, and were for the public benefit. and that the letter was privileged as, written by a solicitor for his client.

The Judge held that the letter did in fact impute the meaning alleged by the prosecution, that the statements in the letter were untrue and that the letter .was not privileged as a letter written by a solicitor for his client. Slipper was sentenced to three months’ imprisonment and fined £lO5. Subsequent to this conviction Slippeir’s practising certificate war cancelled by the Administrator. Slipper is now appealing against this conviction and is represented by Mr. H. N. von Haast and Mr. S. Fitzhorbert. Counsel for the Crown- is the Soficitor-General. Mr. A. Fair, K.C. Mr. Von Haast said the appeal was brought under section S 3 of the Samoa Act. 1921. Slipper had been found guilty on both charges, sentenced to three months’ imprisonment and fined £lO5 on one charge and sentenced to three months’ imprisonment on the other, the sentences to be concurrent. Both charges were based on one set of facts, the writing of the letter and therefore Slipper was convicted twice tor the same act. That was contrary to the principle of law and one conviction at least must be quashed. In Samoa a man charged with defamatory libel had no protection such ns was given ill New Zealand under the Crimes Act. PRIVILEGE CLAIMED

The words in the letter complained of and the views expressed therein were the words and views of Slipper's clients and the communication of them to the Administrator was privileged as a communication made by a solicitor on behalf of his client. A solicitor was bound to do his best for his client and in any criminal charge against a solicitor! the malice ot his client could not be implied to him. It was true that Slipper had said in his letter, “It is regrettable that death and bloodshed appear to be of small consequence to your Excellency compared with the desire evident and expressed of absolutism.’’ but this was not a personal attack on the Administrator but a criticism of the policy adopted by the Administrator and by the Samoan Government. The Chief Justice remarked that it was highly regrettable that any solicitor should write such a letter whether it involved a commission of an offence or not.

“A solicitor,” his Honour continued, “should have more respect for himself, his profession and for his duty as a solicitor than to write such a letter.”

Mr. Von Haast agreed that the wording of the letter was injudicious anfl crude, but pointed out that Slipper had represented the natives in all matters that arose out of the troubled events of December, 1929, and suggested that his judgment had been affected by the stress of the times. (Proceeding.)