Demand For Judicial
pp. 21-22 · Read in the full issue
Reform In New Guinea.
Letter to the Editor.
IWISH to add my plea to your cam paign for justice and the intro duction of the jury system in the Man dated Territory of New Guinea.
When we consider the harsh sen tences here in comparison with those given in other Courts, it makes us wonder why justice is not tempered with mercy and consideration given to the British maxim that “it is better that ten guilty men be allowed to go free than that one innocent man be convicted”.
In most cases, the First Offenders Act could apply, as the conviction with the loss of income and the heavy legal costs, is sufficient punishment.
Also our Judges should cease their custom of hurling a tirade of abuse at the accused after he has been found guilty. It is what we refer to as “kick ing a man when he’s down”.
A Judge, who has an assured income and lives under the best of conditions, can seldom appreciate the circum
stances under which a crime is com mitted. He is unable to understand the mental strain brought about by fevers, bad food and conditions, and, most of all, the insecurity of the present and future, and the many disappointments that are part of the average man’s life in a pioneering community such as this.
Only a jury can give proper considera tion to all these items.
AJso should a Judge be the sole arbitrator of public morals, or should he be guided by public opinion? If the latter, then I have spoken to many old and new residents of N.G. on the matter, and all are of a firm conviction that the power of our Judges should be curbed, as the sentences are far too harsh and vicious, and don’t allow for any element of doubt or mercy.
To say that one can appeal is ridi culous. Why, even a first trial here averages £l5O in costs, and £250 is re quired for an appeal.
Then the Judges of appeal in Aus tralia admit (as they did in the Larkin case) that they are loath to upset a New Guinea judgment, as they do not understand the conditions of life here.
It comes hard on the miners and others who are taxed to help pay the Judge’s salary, and then have to sub scribe to a collection to free one of their members from his judgment, as hap pened in a recent case.
A Judge who makes a glaring mis take, as in this case, should be liable to a suit for damages or be removed from his position for being incompetent.
This man’s good name—all his sav ings—his source of income—were ail lost to him.
It is British justice that where a wrong has been done it should be righted, but whom can he claim on?
The people here are 100 per cent, behind the demand for reform, and maybe in the future'we will obtain the rights that were granted to us under the Charter of King John, many cen turies ago.
I am, etc.,
Wau.