Conviction Quashed

N.G. Miner Released From Gaol

THE Full High Court of Australia on August 31 quashed the conviction recorded against William Christie Abbie, who had already served seven months of a sentence of 21 months’ gaol imposed in New Guinea, on a charge of gold-stealing.

In January, Abbie pleaded not guilty to a charge of having stolen two ounces of bullion, valued at £l5/4/-, between September 16 and October 20, 1936, the property of a partnership of G. W. Os borne, E. C. N. Helton and W. C. Abbie, but he was convicted.

Owing to lack of funds to appeal, Abbie, who is a retired engineer-lieuten ant commander of the navy (in which he served for 25 years), has been under going, in Long Bay Goal, Sydney, the sentence passed on him in January.

The Chief Justice (Sir John Latham) said that the trial judge in New Guinea had admitted certain evidence that should not have been allowed. In ordinary cir cumstances, a new trial would have been ordered. There was now in the Territory, however, only one Supreme Court judge, namely Mr. Justice Phillips. If Abbie were sent to N.G. for trial he would be deprived of a trial by a new tribunal.

In view of the fact that Abbie had al ready served seven months in gaol, -the Chief Justice ordered that the conviction be quashed, and Abbie discharged.

The N.G. Administration cancelled the order of deportation against Mr. Abbie, and he was informed that, when he was ready, he would be provided with a first class steamer passage to Salamaua.

This motor lorry returning from Mua to Nukualofa, Tonga, over turned on the road between Tofoa and Havelu, in July. Two passen gers were killed and two others seriously injured. Returning from a funeral at Mua, the powerful V8 truck was passing a motor car when it got out of the Tongan driver’s control. Sheering from side to side, it ran off the road into a steep ditch and overturned.

The two women who were killed were Mrs. Bailey (wife of Dr.

Bailey, a former C.M.0., now in private practice in Nukualofa) and Mrs. Fifita (wife of Uasi Fifita, a retired N.M.P.).

Photo: A. Hettig