Coolie Discharged

In Ocean Is Murder

Case

From Our Own Correspondent SUVA, July 26.

A TWIST of British law has resulted in an extraordinary muddle over the murder charge against a Chinese named Tai Shek of Ocean Island. He was discharged by Mr. Justice Carew in the Supreme Court, Suva, on July 19.

In April, on Ocean Island, two highly esteemed residents were brutally murder ed. A ship on the Australian-Ocean Island phosphate run was diverted to Brisbane where two CIB detectives were picked up, on April 30. On May 23, on Ocean Island, a Chinese coolie was ar rested and charged with the crime.

The prisoner was originally charged before one magistrate at Ocean Island and the balance of the case was heard by another magistrate. In the first com mittal-order, the prisoner was ordered to be tried before the Criminal Court at Ocean Island. This order was not can celled, but a second order was made com mitting him for trial before the Supreme Court of Fiji.

In his judgment Mr. Justice Carew said: “I agree that the matter is not free from doubt, but I am inclined to this view. The committal is bad, first, be cause the accused already stands com mitted for trial to the High Commis sioner’s Court. Therefore the Order for Removal for trial to the Supreme Court of Fiji is invalid. Accordingly, the in formation before this Court based on this Removal Order is bad. Secondly, even if the Removal Order were valid, com mittal for trial is bad by reason of the irregular way in which the depositions were taken, that is to say, taken by two different magistrates, i.e., Deputy Com missioners. In the circumstances, I think the information now before the Court is bad and must be quashed.”

For three days after he was discharged Tai Shek was at liberty in Suva. He then voluntarily offered to return to Ocean Island, where, presumably, he will be rearrested and the peliminary inquiry heard.

The phosphate ship “Astoria”, en route from New Zealand to Ocean Island was diverted to Suva, where it picked up Tai Shek, on July 25.