Questions About Administration Of

Justice In Mandated Territory.

A SERIES of questions asked in the Federal House of Representatives by Mr.

Roland Green, M.P., and answered by the Prime Minister on April 27 and 28, comprised a sort of catechism regarding the Administration of justice in the Territory of New Guinea.

The following report of the questions, and the Prime Minister’s answers, has been compiled from “Hansard.” Mr. Green’s purpose, in securing this mass of in formation, was not disclosed.

MR. GREEN asked: Have new uni forms recently been adopted for and issued to the native police in the Mandated Territory of New Guinea?

The Prime Minister replied; The Police Force Regulations made by the Acting Administrator on 18th Decem ber, 1931, prescribe that the uniforms, badges and buttons to be worn by native members of the constabulary shall be set out in the Third Schedule thereto: provided that the uniforms set out in the Second Schedule to the Police Force Regulations, 1923, may be worn until such time as the Adminis trator directs that their use shall be discontinued.

Who recommended the changes?— Inquiry is being made of the Adminis trator.

Of what did the old and new uni forms consist? —Particulars are lengthy and are being supplied to the hon. member.

What additional cost per annum is involved in the change?—lnquiry is being made.

Native Clothing.

Are other male natives allowed to cover the top parts of the body?—Re gulation 110 of the Native Administra tion Regulations forbids male natives, except those specially exempted by a district officer, to wear clothes on the upper part of the body. For the pur poses of this regulation “clothes” does not include clothing made of native material. Luluais and tultuls, as men of some responsibility, are permitted to wear shirts, subject to such clothing being kept clean. Male natives attend ing divine service are, at the request of the missions, permitted to wear shirts or singlets, and in this direction the Administration trusts to the co operation of the missions in ensuring that no such natives wear dirty cloth ing. Natives engaged in mining and carrying are, pursuant to the law, sup plied with jerseys. This is necessary on the Morobe gold-field on account of the climatic conditions. District officers issue permits to native motor drivers and crews of 'vessels to wear clothing on the upper part of the body when exposed to inclement weather.

Was medical opinion obtained before the change of uniform was made; if so, did such medical opinion favour the change?—lnquiry is being made of the Administrator.

Native Murderers.

Was a plantation manager named Scott murdered near Buka Passage, in

New Guinea; if so, when?—The plan tation manager was killed by one of his employees on the 24th February, 1925.

Was the murderer convicted; if so, what sentence was imposed?—The native was charged with having wilfully murdered Mr. Scott. He was con victed of manslaughter and sentenced to imprisonment for five years.

Has the murderer returned to his village, if not, where is he employed? —The native referred to was after careful consideration subsequently to his discharge from prison, returned to his own village. He is required to re main in that village, and his general conduct is reported upon by the police quarterly.

Was a prospector named H. Baum murdered in the Mandated Territory of New Guinea?—Yes.

If so, by whom, and what was the date of the murder?—He was attacked and killed in his camp near the border of New Guinea and Papua on the 23rd April, 1931, by a party of natives.

Were the murderers apprehended; if so, when?—No. The efforts of the Ad ministration to apprehend the natives concerned have so far been unsuccess ful.

Mr. Green: During the last ten years now many whites have been murdered

by natives in New Guinea? Were the murderers convicted; if so, what sen tences were imposed? How many of those murdered were officials of the Administration? During the same period, how many whites were con victed of murder or manslaughter?— What sentences were imposed?

Mr. Lyons: The information is being obtained, and will be supplied as early as practicable.

Mr. Green: How many natives during the past five years have been convicted of assaulting whites in New Guinea? What was the nature of such assaults? What sentences were im posed? After being convicted and hav ing served sentences of twelve months or more, are the natives returned to their own villages?

Mr. Lyons: The information is being obtained, and will be supplied to the honorable member as early as prac ticable.

Trial Of Europeans.

Is there a court of criminal appeal in the Mandated Territory of New Guinea?—Appeals from a District Court may be made to the Central Court.

If not, is there any appeal allowed against conviction and/or severity of sentence; if so, to what court?—The Full Court of the High Court of Aus tralia, consisting of at least two judges, may grant leave to appeal to the High Court of Australia from any conviction, sentence, judgment, decree or order of the Central Court.

In all cases of murder, manslaughter, or other serious criminal offences charged against a white, is a jury em panelled; if not, why not? —No. There is no provision in the law of the Ter ritory for trial by jury. It is not con sidered that the time has arrived when the jury system could appropriately be introduced into the Territory. Pro vision exists in the Central Court As sessors Ordinance 1925 for the appoint ment by the Central Court or by a judge of that Court, or in any cause in which natives are interested by the Administrator, of not more than two assessors, who when required by the Court, shall give their opinion on any

matters of fact, custom or usage, or any other matters arising out of the evidence given at the trial. Assessors shall not, however, adjudicate in any case before the court.

Has a white, convicted of a criminal offence in the Mandated Territory, a right of appeal to the Full Court of the High Court of Australia, or must leave to appeal be granted by the Central Court in the Territory? As there is no jury system in the Mandated Terri tory, has a white convicted of a crim inal offence the right of appeal to the High Court on questions of fact? —The Full Court of the High Court of Aus tralia, consisting of at least two judges, may grant leave to appeal to the High Court of Australia from any conviction, sentence, judgment, decree or order of the Central Court.

How many appeals against convic tion and/or severity of sentence in the Territory have been lodged in the High Court? —The information is being ob tained.

Does the High Court visit the Man dated Territory ? —No.

How many whites have been con victed of assault during the past five years? What is the nature of these as saults? What sentences were imposed?

How many appeals have been lodged, and with what result?—This informa tion is being obtained, and will be sup plied to the honorable member as early as practicable.

Judges And Officials.

How many judges are there in the

Mandated Territory?—Two.

What are their names, salaries, status, etc.?—David Sydney Wanliss (Chief Judge)—Salary, £1,200 per an num; date appointed, April 18, 1921; age, 68 years. Frederick Beaumont Phillips (Judge)—Salary, £1,100 per an num; date appointed, February, 1928; age, 42 years. Each of these judges holds office during the pleasure of the Governor-General. A judge of the Cen tral Court has the powers and author ity of a judge of the Supreme Court of Queensland in the administration of justice within the Territory.

Are there any stipendiary, police, or acting magistrates in the Mandated Territory ? —No.

Is Mr. John Walstab employed by the Administration in the Mandated Terri tory?—Yes.

In what capacity; what are his quali fications for the office he holds; what are his duties; how long has he held the position, and what is his salary?— District Inspector and Superintendent of Police. Four years’ experience as District Officer in the Territory, pre ceded by five years' active military service as a commissioned officer. His duties are to inspect the work of the administrative staffs in the several districts and to-assist generally in the administration of the district services.

As Superintendent of Police, Mr. Wal stab is in control of the New Guinea Police Force (European and native con stabulary) constituted under the Police Force Ordinance. He was promoted to be District Inspector from May 1, 1925, and was appointed to be also Superin tendent of Police as from December 3, 1927. Salary, £852 per annum.

District Courts.

Who presides over a district court in the Mandated Territory of New Guinea? —A district court may be con stituted by the district officer of the

district in which it is established, or by two or more justices of the peace.

What are the names, dates, terms of appointment, and salaries of the officers appointed to conduct district courts? — A district officer means an officer ap pointed to administer a district, and includes an assistant district officer, a district inspector and an assistant dis trict inspector. Every district officer is a justice of the peace of and for every district by virtue of his office. In ad dition, two other officers of the Admin istration have been appointed justices of the peace. There are eight district officers, sixteen assistant district officers, one district inspector and one assistant district inspector. Such of ficers are members of the Public Ser vice of the Territory, and their ap pointments are regulated by, and they are paid salary in accordance with, the provisions of the Public Service ordin ance and regulations. Further details as requested will be furnished to the honorable member.

What legal qualifications have these persons for the positions held by them?

Neither district officers nor justices of the peace are required to possess academic training in law. In the selec tion of officers for appointment as dis trict officers regard is had to their stability for the exercise of quasi judicial functions, as well as for the discharge of the administrative duties of the office.

The following questions and answers were recorded on May 3: Are district courts in the Mandated Territory of New Guinea limited as to jurisdiction; if so, to what extent?— Yes. Division 2 of Part 111. of the Dis trict Courts Ordinance 1924-1927 or dains the limits within which district courts in New Guinea have jurisdiction.

Seeing that all the presiding officers of district courts have admittedly no legal qualifications, what legal training, if any, have any of these persons had? —None so far as I am aware, other than the experience acquired in the dis charge of their duties as constituent members of courts for native affairs and of district courts. In the selection of officers for appointment as district officer, regard is had to their suitability for the exercise of quasi-judicial func tions as well as for the discharge of the administrative duties of the office.

Why is there at present no legally qualified stipendiary or police magis trate in the territory?—It is not con sidered that existing circumstances warrant the filling of the position of stipendiary magistrate which became vacant on the death, in June, 1931, of Lieutenant-Colonel S. J. Shillington.