Australian Law Has
pp. 69-70 · Read in the full issue
Force in N. Guinea Important Judgment in Ffrost Case
AFTER taking nearly three months to reach a decision, the Australian High Court, on August 12, by three judges to two, decided on an appeal in favour of the order made by the Supreme Court of N.S.W., that G. M. C. Ffrost, manager of a Burns, Philp plantation, should be re turned to New Guinea, under the Fugi tive Offenders Act, to stand his trial on a charge of having unlawfully killed a native.
Ffrost had appeared before a Sydney magistrate, who had ordered his return to the Mandated Territory under the Ser vice and Execution of Process Act, which is a Commonwealth enactment. The Full Court decided that power to send Ffrost back to the Mandated Territory was under the Fugitive Offenders Act, which is an Imperial Act.
The point for determination by the High Court was whether there was power under any of the laws which prevailed in the Commonwealth for a magistrate to order the return of a person from any State of Australia to the Mandated Terri tory, to stand his trial in respect of any alleged offence committed in the Man dated Territory. The High Court, in this very important judgment, declares that such a power does exist.
This decision affects another New Guinea case. In April, 1936, Mrs. Grace Walker, of Sydney, claimed maintenance from Alan K. Walker, of New Guinea.
In September, a magistrate made an order for £5 per week, plus 15/- per week for each of two children. In October, Mr.
Walker appealed to the Supreme Court of N.S.W., which decided that the Aus tralian law did not apply to New Guinea, and set the order aside. Mrs. Walker ap plied to the Full Court (N.S.W.), which restored the order. Then Mr. Walker appealed to the High Court, which sug gested that he await the decision of the Ffrost case, where the same point of Constitutional Law was involved. The decision means that maintenance orders made in Australia may be enforced in New Guinea.
It is likely that further developments in the Ffrost case will have an impor tance far beyond the merits of the charge involved. The method of dispensing jus tice in the Territory, which has been on several occasions a subject of criticism, probably will be brought under review.
A boss-boy (native) already has been convicted and sentenced in connection with the death of the native, concerning which Ffrost has been arrested. The judge who tried the boss-boy made a num ber of very outspoken statements regard ing Ffrost, which were reported fully in the Rabaul Times; and the point prob ably will be taken that Ffrost should not be tried by the present New Guinea Court on the ground that it virtually has pre judged him.
/~\N June 28, 1937, an American “bottle paper” form was picked up on the south side, near the east end, of Sudest Island, in Eastern Papua. The form read as follows:—“Master, E. R. Johanson, American; Vessel, S.S. Monterey; Date.
Oct. 27, 1936; Latitude, 19 degrees 40 minutes S.; Longitude, 177 degrees 45 minutes E.”
The above information was supplied by Mr. Henry Morley, of Sudest Island.