History of the Wilkinson-Bock Case

'HESE details are supplied by Wilkinson, Bock and their friends, and may itain bias. We are ready to give equal ice to the officials’ side; but officialdom, this extraordinary case, has been igularly silent and aloof.

H. WILKINSON has been a resident Eastern Papua for many years, except absence on honourable war service. , his brother and his uncle (Cuthberts sima Gold Mines) are well known, tfter the war, he settled down as a nter and trader, in the islands out of tnarai. He has a wife and small family, lenneth Bock (now 30, with a wife and i child) was employed after the war by ! Misima Gold Mines. When Misima dded up,” he went to Moresby, and s employed by the Production Control ard. Mr. MacDonald, head of PCB, s spoken well of him. In February, 0. Bock was appointed Acting Super or of Native Labour at Ebuma Island, t out cf Samarai. lock and Wilkinson had been friends on sima. Wilkinson frequently came in m his main store by launch for sup es. There is poor accommodation at narai for small boats. The wharf sheds re closed at week-ends when Wilkinson uted to get his goods. Bock went fre ely back and forth with native labour ween Ebuma and Samarai (half a mile »y).

To assist Wilkinson, Bock frequently picked up goods in Samarai addressed to Wilkinson and dumped them in the Government store on Ebuma, where Wilkinson picked them up at his con venience.

One day (say the defendants) Wilkinson noticed cases of canned fish among Bock’s Government stores, and remarked that his people were demanding canned fish, but he could not buy any anywhere. Bock said that his labour preferred canned meat; and they agreed to exchange—Wilkinson gave Bock five cases of canned meat in return for five cases of canned fish.

They say the exchange was made openly —Wilkinson loaded the five cases of fish into his launch one day in May, 1951.

A native medical orderly, Paul Tommy, saw the cases being taken away in Wilkinson’s boat. He told others and the report reached Mr. Greg Neilson, who was senior official in DO; and the latter re ported to Mr. Greg Neilson, who was then acting as District Commissioner. Neilson reported the matter to Police Inspector Phillips.

Phillips waited until Wilkinson came in again; and he informed him of the com plaint. Wilkinson denied theft. Phillips asked if Wilkinson would go out with him and the ADO in the Government boat, and let them examine his store. Wilkinson agreed. The inspection disclosed the five

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ises of fish. Wilkinson explained that ley had been exchanged for other goods.

Phillips reported to Moresby. Inspector roodmansey flew to Samarai, and inter iewed Wilkinson and Bock. The latter [plained the exchange arrangement.

Woodmansey pointed out the gross im ropriety of the whole affair. Wilkinson ad no right to be using the Government ore at Ebuma; Bock should never have [lowed him in there; and, even if the arrangement were made as ascribed, both men were technically lilty of the wrongful removal of Govern ent property. He urged them both to ead guilty and gave them the impression lat if they would thus save a lot of ouble, they would be let off with a mtion and fine.

Thereupon, on May 23, when Wilkinson id Bock were brought before a minor mrt, presided over by ADO Neilson, both eaded guilty. They were remanded to higher Court.

On the same day, Bock was informed the Acting District Commissioner that, he had been charged with having stolen Ive cases of Tasfiscan Flair Fish Cutlets, .lued at approximately £2O/18/1, the operty of the Administration,” he had en that day suspended from duty, and s salary would cease forthwith.

Somewhat belatedly, Wilkinson and Bock ;nt to Moresby for legal advice. Mr. omie, well-known solicitor, told them at they should not have pleaded guilty theft, and should immediately seek ive to amend their pleas. He found a rious error in the papers covering the osecution of Wilkinson, in consequence which the Administration had to file a

nolle prosequi; re-arrest Wilkinson; and bring him again before the minor Court.

This time, Wilkinson pleaded “not guilty.”

Although the arrest took place in May, it was August before the cases came be fore the Supreme Court. Wilkinson, on bail, was able to carry on his business; but unfortunate Bock with wife and child, for months, was left to kick his heels in Samarai and “live on his fat.”

Judge Bignold went to Samarai to deal

with the cases. He called Bock’s case first. Mr. Dudley Jones, Rabaul solicitor, was there to defend, and Bock sought leave to amend his plea to “Not Guilty.”

The Judge gave him leave, and then called on the Wilkinson case.

Having heard the evidence, the Judge (there is no jury in the PNG Supreme Court) said he considered Wilkinson’s de fence a fabrication; found him guilty; and sentenced him to 18 months’ hard labour.

For reasons that have not been clear! stated, Judge Bignold decided he woul not hear the case against Bock, and lei it to another Judge.

The heavy sentence imposed on Wilkir son gave the public a shock. Many hel that Wilkinson’s explanation was reasor able enough, even if the Judge did m accept it. It was also argued that, eve if theft had occurred, Wilkinson’s recor as a citizen and soldier entitled him 1 first offender leniency—namely, a fine or suspended sentence. There was a mov< ment to contest the verdict, or appe: against the sentence.

T>UT a more extraordinary incident ws developing. A week or so was 1 elapse before Wilkinson could be remov* to Moresby Gaol. There was no gaol f( a European in Samarai. The Acting Dii trict Commissioner, Mr. Frank Champioi after discussions with the police and wit his Departmental head in Moresby (it ha] pened to be his brother, Mr. Clauc Champion) agreed to let Wilkinson lii at his own home, on parole, for a da or two, while some sort of temporal gaol was prepared.

When Judge Bignold heard of th arrangement, he set afoot processes < law which resulted in the two Chan pions (Acting Director of District Service and Acting District Commissioner) beii formally charged with contempt « Court, insofar that they set at liberty person who had been sentenced to in prisonment—or words to that effect.

The two high officials had to star their trial in Port Moresby. They wer of course, discharged without a stain c their respective escutcheons. But what farce! And a farce it was adjudged I the whole hilarious community. jV/TEANWHILE, the suspended (and ur . _P a *d) Bock was patiently awaitir his trial. Judge Kelly heard the case, i September. Mr. Dudley Jones defended.

Points made were that Wilkinson ha not sought to conceal the canned fis transaction; that Inspector Woodmans! acknowledged that he had recommend!

Wilkinson and Bock to plead guilty, i the manner described; and that a official check of the stores in Bock’s cai had shown no discrepancies such as i suggest theft.

Judge Kelly found Bock not guilty.

So here was another angle of this vei remarkable case. Both Judges could m be right. Either Wilkinson had bee wrongly convicted, or Bock had bee wrongly discharged.

It was no longer a question of whethi Wilkinson had been too severely punishei It very definitely was a question < whether Wilkinson was guilty at all.

Obviously, the case should be reviewei But the only channel of appeal from th PNG Supreme Court was to the High Com of Australia—a very lengthy and cost! procedure.

Wilkinson (now in gaol), immediate! after Judge Kelly’s verdict, and acting o advice, petitioned the Administrator for pardon.

On the assumption that the High Com procedure was too costly and slow, an in the belief that the Administrator, i the very extraordinary circumstance would act swiftfly and definitely—as b has the power to do—the course followe by Wilkinson and his solicitor wa justified.

But they expected something from tb Administrator that they did not get. Th petition to the Administrator was lodge on October 4. A month later, the edit® of PIM received from Wilkinson a letti

imuggled out of Moresby Gaol, begging hat some inquiry be made concerning the ate of his petition.

We wrote the Government Secretary in doresby, asking what decision the Ldministrator had reached; and we said hat, if there was no decision, we would ;ive the facts to the newspapers and ’arliament of Australia.

A letter from the Government Secre ary, dated November 16, curtly intimated hat the matter was still under con ideration by the Administrator.

We publicised the case on November 21. >n the 22nd, the Territories Minister, Mr. lasluck, courteously informed the PIM hat, as this was the first he had heard f the case, he had radio’d the Adminis rator for a report. On the 23rd, the Ldministrator announced the “pardon.”

Bock, after being kept waiting from May intil September, was found “not guilty.” le got no pay for that period, except 49 ays’ pay in lieu of leave; and he was ummarily dismissed. He was cleared of he theft charge; but he had placed him elf off-side by allowing Wilkinson to use he Government store and facilities on buma Island, without official permission, le is now on the staff of the China Strait instruction Co., in Milne Bay.

It is a sorry story of stiff-necked, lega istic muddling, and of mountains being reated out of a molehill. The pity of it 5 that, if Wilkinson gets compensation, t is the poor old taxpayer who will pay, nd not the real culprits.

MV Bulolo left Sydney for P-NG ■orts on Dec. 3. She has been in ock in Sydney since a fire occurred a her holds in August.