APPEAL FROM £5600 FINE

Taranaki Daily News, 16 October 1931, Page 7

APPEAL FROM £5600 FINE

ALLEGED PARTICIPATION IN MAU.

O. F. NELSON CASE FROM SAMOA,

By Telegraph—Press Association,

Wellington, Last Night. Another appeal from the High Court of Western Samoa came before the Full Court to-day in the case of O. F. Nelson and Co. Ltd. v. the Police (Samoa). In January informations were laid 'by the police in Samoa charging the company with 28 different breaches of the Samoan Regulations of January, 1930, in that it participated in the activities and aided, abetted and encouraged the activities of a seditious organisation, the Mau, by receiving various sums of money on its behalf. The company was found guilty„convicted by Chief Judge Luxford and fined the maximum penalty of £2OO on each charge, making a total fine of £5600. The company is now appealing from that judgment. Mr. Moody for the appellant company said the appeal was based on the following grounds: (1) The convictions were not justified by the facts; (2) they were erroneous in point of law; (3)_ in any case the penalties were excessive. Counsel said the suggestion made by the prosecution in the Court below was that by the receiving of these moneys and giving receipts therefor the company had committed a breach of the Samoan Regulations, the inference being they were to be used for the purposes of th© Mau. The total amount received was £238 ss.

The contention of the appellants, however, as made in the court below was that these moneys were paid into the office of the company at Apia by members of the Mau for the purpose of being forwarded to O. F. Nelson personally in part payment of debts due by the Mau to him. The moneys were received by employees of the company that they might be forwarded to Nelson in discharge of the debts owing to him at a time prior to the Mau being declared illegal. These debts had been incurred by Nelson in meeting legal expenses and purchasing goods on behalf of members of tlje Mau.

The court adjourned until to-morrow.