Wilkinson Released

He Has No Remedy at Law

THE sentence of 18 months’ goal imposed upon him for alleged theft having been cancelled by the Administrator of Papua-New Guinea, Lance Wilkinson was re leased from the Bomana gaol, in Port Moresby, on December 22. He proceeded at once to Samarai, where he was warmly welcomed by his family and friends.

Mr. Dudley Jones, the well-known Rabaul barrister and solicitor, who defended both Wilkinson and Bock in the recent cases against them, and who arranged the petition to the Administrator for the release of Wilkinson, was in Sydney in January; and he informed PIM that in his opinion Wilkinson can not appeal to the High Court to quash his conviction and he has no chance at ail of obtaining damages from the Administration for wrongful imprisonment.

Mr. Jones explained that in the Papua-New Guinea Supreme Court, the Judges sit as both Judge and Jury. One Judge, sitting as a jury, convicted Wilkinson. Another Judge, on exactly the same set of circumstances, found Bock not guilty. These represent the pro cesses of law as it exists in New Guinea at the present time, and there is no possible appeal from them.

Editorial Note:

We can only say that, if this is the Papua-New Guinea law, the soon it is amended the better for the safety of Papua-New Guinea citizens.

One Judge found Wilkinson guilty of theft; and, despite his good record as a citizen and soldier, and his claim to consideration as a first offender, he was given the savage sentence of 18 months’ gaol.

Another Judge, on exactly the same set of circumstances, found Bock not guilty.

One of those Judges was wrong.

Conceivably, it was Judge Bignold, who convicted Wilkinson. If Judge Bignold was wrong, then obviously Wilkinson should have his name cleared of the criminal charge, and be compensated for wrongful im prisonment.

However, the law says that Wilkinson has no recourse what ever—and that presumably is the end of it.

But this writer must add the re mark that in a very long and varied journalistic experience, he never has seen such a legal tangle and muddle as is represented by the Wilkinson-Bock case It reflects little credit on the Papua-New Guinea legal system and less credit upon some of the system’s legal luminaries.

In previous articles on this sub ject, we made some reflection upon

the Administrator, Colonel Murray, for the course he followed. Having had the extraordinary P-NG law explained to us, we should like to say that the Administrator could not have taken any other course — except that, having had his atten tion drawn by petitions on October 4 to the absurd situation, he was an unconscionable time in releasing Wilkinson, who was held until December 22.

Stores and shops in Western Samoa in Apia and outside stations did a record Christmas trade. In spite of high prices, expensive toys, clothing, fancy goods and provisions were freely pur chased.