“Pay Back”

Remarkable Case of Fabricated Charge Against New Guinea Patrol Officer

From a Special Correspondent LAE, Oct. 26.

THERE is much comment here on some of the extraordinary features of the case of Patrol Officer Herbert E.

Cl a i*k Last December, Clark went away on a patrol of the Bukaua coastal area, and there he spent some months. In the course of his patrol, he had to deal with a charge against the Paramount Luluai Tahu of Bukaua, and he sentenced the Luluai to six months’ imprisonment with hard labour.

Last April, while out on patrol, he was instructed by his District Officer to re port back to Lae. At Lae, he was sent to the Senior Inspector of Police, and he then was arrested and charged under Section 21 of the Queensland Criminal Code with “having carnal knowledge of a native girl under the age of 17 years.’

He came before the District Court and the case was adjourned for 14 days, to allow evidence to be gathered. Clark was allowed bail of £lOO. He brought Mr.

Dudley Jones, solicitor, from Rabaul, to defend him in the Court.

But the prosecution seemed to be in trouble. When the case came on, the charge was altered to “having indecently dealt with a native girl under the age of 17 years.” It transpired that the girl in question had been examined by a medical officer, who reported to the police that she was a virgin, and there was no sign of sexual interference.

It further appeared that the girl and other witnesses, in statements to the police, said that Clark, and then three native police from Aitape, had had inter course with the girl—Clark one night, and the police the following night. But

Clark was the only person arrested and charged.

Clark reserved his defence at the Dis trict Court, and was committed for trial to the Supreme Court, in Lae, with bail raised to £l5O. He had to wait, for trial, from April until the end of September.

The case was heard in Lae by Mr Justice Bignold. Mr. Dudley Jones did an excellent job in defence, and completely broke down the evidence of the native witnesses. Clark was exonerated.

The Judge said that there was no doubt whatever that the natives had fabricated the evidence as “pay back” for the im prisonment imposed upon the Luluai Tahu. It was shown that the girl was the Luluai’s grand-daughter, and that two other witnesses were his nephews.

An extraordinary feature was that those natives were sent back to their village, and were not even given an oral reprimand—they had committed perjury, but they were not prosecuted.

Immediately the case was over, Mr.

Clark was transferred from Lae to Moresby—which, in native eyes, is tanta mount to his having been found guilty.

It is reported that his defence cost him about £200; but there is no indication yet that the Administration proposes to pay his costs, or compensate him for having to wait around for months under the shadow of a fabricated criminal charge.

Critics of the Administration say it is just another example of the way in which Wardism, under all circumstances, sub verts European welfare to native pre judices.

Mr. Harry E. Mowbray, who left Fiji in 1941 for Australia, has returned to the Colony to take charge of Morris Hedstrom Ltd’s. Pharmacy Department.

Willreed Agencies, Sydney agents, ad vise that Captain George Wyeth and crew, of Capricorn Charters (Gladstone, Queensland) successfully delivered a 26 ft. Islands work boat, with store?, to Dutch New Guinea, from Ballina, NSW, in November.