Under Native Law
p. 109 · Read in the full issue
White Man Punished Under Native Law Spanked Girl: Fined £100
HHE remarkable case of James L Herbert Jeffrey who took a King European girl out for a ride i his car in Port Moresby one even g, and ended the party by laying tr across his knee and spanking her lundly—may have had its amusing atures; but it does direct attention ► the need for some revision of the w that was invoked.
Both the parties are very young— ffrey in his twenties, and the girl I—and the incident seems to have sveloped out of a flirtation that >t itself side-tracked. The angry rl complained to authority; and the w under which the police had to t meant that Jeffrey was charged ith indecent assault.
Jeffrey was found guilty; and then r. Justice Kelly found himself ced with the provisions of the bite Women’s Protection Ordin ice. This Ordinance was framed r the protection of women against tacks by primitive natives —of iich there is always a risk—and e penalties are very severe. The aximum for an indecent assault is e imprisonment.
The Judge had to decide whether e spanking administered to the mng lady constituted an indecent t. He seems to have had no option. ; said that an interpretation of the )rd indecent, based on the circum mces admitted by the defence, ade of it an indecent assault.
Obviously, he could not take into nsideration any provocation by the mplainant, which had been ad nced by the defence in mitigation the “crime.” Obliged to administer Ordinance that was never framed meet a case like this, the Judge ade the best decision he could by ting Jeffrey heavily—£loo.
Because of the steady increase in 5 European population in this very •ge Administration, it seems desir le that there should be revision of ?al procedure, if not of the actual vs, so that the habits and practices the European community should t get tangled up with the laws ob msly framed for the control of the
tive community.
rhe NZ Government - owned lands ship Maui Pomare made a s of only £34,245 on last year’s •vice to the Cook Islands, as tnpared with a loss of £55,109 in e previous year.