ction of BSIP Residents to

[?] From The

[?] Murder Case

ction of BSIP Residents to Australian Newspaper Sensationalism

By Civis

:he PIM issue of February t the attention of readers was mght to “the full treatment nsationalism” that the “sen -hungry Press” accorded this One example of this treat and of the vicious lack of isibility that accompanied it, bodied in the sentence: “By ation also, the newspapers le BSIP Judicial Commisioner 3 position of having to find guilty, and to hang him. natives, it was alleged, de ?d no less. (A couple of tamen were hanged some time or moirder).” lumably the Administration le three Assessors at the trial act as the Commissioner’s

j accomplices!

i naivete from commentators l-advised would normally :e only amusement, but un ately the implication is ex gly nasty. Though I am not

a Government servant and am not personally acquainted with the Commissioner, I think the whole affair reflects grave discredit on Australian reporters.

The trouble with such reporters is that they are not only sensation hungry, but also very ignorant, The mere mention of “Malaitamen” conjures up in their minds a picture of undisciplined savages who “have always sought a head for a head”. It has not occurred to them that Malaita natives to day are not exactly the same as they were 30 years ago. A visit to Malaita would do them good, Before a man becomes a Judicial Commissioner he has passed his legal exams and then given years of service. It is a pity that the Australian Government does not likewise require all reporters to Pass a stiff exam before being en titled to practise, Again, although the British

ions is administered by the d Kingdom, it is a Protec and so has no religion by sstablished. Given the Fr ances of the Poole case it is nely unlikely that there was ollusion between the Anglican m and the Administration in “to keep it quiet”. Anyway it have been futile of them itely or even together to try ish up” something which could e “hushed up” anywhere, re was no “indiscreet silence” le part of the Protectorate nment observed up this way. 3 Australian papers did not earlier what was happening, probably due to the fact that irere too absorbed in the floods, ;orms, fires, strikes, and rac ssults. Over Honiara radio the murder and the trial 3d ample coverage, and —let noted —the date and place of rial announced long in ad far as the PIM article was •ned two comments struck me t being in accord with the lituation: t is unfortunate that some 1,000 miles from Honiara — according to the newspapers) thing, clamouring Malaitamen not chosen for this trial”, be conduct of the whole un r affair leaves doubts in all inds: Did Poole get justice?” iara is now the headquarters

of the WPHC, and the hearing of such a case should be at the High Commissioner’s Court in Honiara, all preferences for “far away places” notwithstanding! Of course, if only to stop Australian reporters making fools of themselves, and to prevent their rash allegations about Judicial Commissioners, it might be considered necessary in future to hold a Court elsewhere should there really be a noticeable state of native unrest and tension.

At the conclusion of the February article PIM gave an extract from a Honiara letter which said, among other things, that “there were no disturbances and the proceedings both inside and outside the court house were characterised by an almost church-like quiet”. It is unfortunate that such information had not reached PIM before the article was written, as PIM would not have felt it necessary to criticise “a Honiara trial.”

The great majority of the natives in Malaita are now Chris tian: the overall population being estimated at about 45,000. Con sequently the “life for a life” mentality has largely dropped out.

Since the failure of their “Marching Rule”, the Malaita natives in general “couldn’t care less” about politics. They live their village lives, spending their time gardening, fishing, making canoes, etc. Some travel a little, some always are away working on plantations. They

leave finer points about politics or justice to their Malaita Council President and to their local Delegates to that Council.

That is why few attended the trial, and why it was not such a burning issue as the papers would have one believe. Even if a big group had been “justice conscious”, they would have had to make a long journey by sea to Guadalcanal and once there, would have found themselves without enough food.

A trial in English, even though Pidgin was also employed at times, would have been over their heads.

So long as the victim’s family and some other educated natives were present, the other natives were satisfied.

In the case of heathen natives and also of some nominal Chris tians, there are still traces of the old revengeful spirit, but the village of the murdered lad is an established Anglican village and has had some years of consolidation in Christ ianity. Honiara radio recently

quoted the High Commissioner after his return from a tour of Malaita. He said he had been edified by “the Christian restraint and fortitude” of the dead boy’s relations.

As regards the two Malaitamen who “were hanged some time ago for murder” and whose execution (according to the papers) was part-cause of the native campaign for Poole’s death, the reporters have again mingled fact with fiction. These two men came from a village not very far from that of Poole’s victim, but their village is largely heathen.

In the case of heathen natives the fear of subsequent Government investigation and probable use of qapital punishment has proved a sufficient deterrent from “seeking a head for a head,” even by the safer but more prosaic method of secret poisoning.

For that reason the old vendettas between families or tribes, which would normally continue till both sides were equal in their tally of murders, have virtually ceased.

The murder by the men men tioned, come suddenly after a couple of years of protracted quarrels. Murders happen the world over: here it was the result of a last quarrel in which bitter anger had been fomented.

To illustrate present heathen mentality, the immediate relatives of the hanged are still maintaining

certain signs of mourning. They dare not kill, but they are waiting for a death to take place naturally in the victim’s family who happen to live elsewhere. When that occurs. they will consider it “quits”; the signs of mourning will cease and they will have a small celebration!

The important fact to noti though, is that to the rest Malaita the hanging of those t men was a matter of no conce What happens was that 1 natives simply recalled that rec< execution, and waited to i whether Poole would be treated a better or any worse. In gene

were pleased when they heard the trial was to be heard in ira. They recalled how things done when the WPHC head ers was in Suva. Natives r of murder were summarily and hanged at Tulagi, they whereas Europeans were taken to Suva or Sydney. They had beard of any of these being ;mned to death, sy would not have believed it, ay, had it been said that there m execution. To their minds a white man is taken out of 3 rotectorate he is free of the i penalty or soon will be. The i penalty, they feel, is for es only—at least as far as the ctorate is concerned. ►m? their viewpoint the Honiara of Poole reflected great credit British Justice. If as PIM rlined “British Justice made lines” in an unfavourable sense istralia, it “made headlines” in od sense in the Protectorate, i is, after all, as it should be it is a Protectorate problem, ce it was announced that had been condemned, but he had appealed and his case i go to a higher court in disillusionment crept in. e remarked, equivalently: i! Here we go again. He is ) Suva. What did we tell you; ite man living here will never anged. In our custom before, family wanted to prevent a »al murder they paid dearly in y and pigs. This man’s ves and friends have got him Iji where we cannot see him?. will use much money to see >esn’t die. Wait and see!” seated Malaita natives adopted ore sensible attitude. They ited the fact that the Appeal to be heard in Fiji, and in ; said. “Our white officials have to the same universities as the officials of Fiji; they have 3d the same Law. Why could fie three judges necessary for preme Court of Appeal have brought to Honiara, and the ratus for a Supreme Court set here? The ordinary people i feel then that they knew was going on, and they I be more likely to appreciate wisdom for any reversal of the decision.”

ONDLY: Did Poole get justice i Honiara? Reginald Poole ame freely to work in this Enjoying its benefits he d have been, and as it sned was, prepared to accept judicial procedure. _TWhen opportunity was offered, he availed himself of his itutional Right of Appeal). b point to notice is: There d not be in a British ctorate one system of justice white murderer and another black, particularly when there

are nearly 100,000 natives and only a few hundred Europeans—other wise the name “Protectorate” is a misnomer.

It is for this reason that I do not think that the following PIM comment had much relevancy: “If the trial had taken place in most Australian States the sentence would, as a matter of course, have been commuted; there certainly would have been an appeal; and it is possible that the original

verdict would have been different, anyhow.”

The earlier words: “Did Poole get justice?” give a reader the impression that PIM feared a European was being sacrificed for the sake of natives and Protector ate peace. If such had been the case, then FlM’s strictures would certainly have been called for.

But actually it was not so.

In a treatment of any problem in a Pacific territory, any reference

istralian practice can be misleading or irritating to The Solomons are not yet, robably never will be, an ian territory. The Aus ; have their hands full as Again, Australian States are 3 only exemplars of British , which should be recalled in y of a United Kingdom y. death sentence passed on a orate native “commuted, as

a matter of course?” If there were no excusing factors such as self defence or extenuating circumstances such as extreme provocation, and if the native was found sane according to McNaughton Rules, was there -‘certainly an appeal” to a Suva Supreme Court of Appeal? When for a native, as for Poole, it was found that “at the time of the murder he knew the nature and quality of his act, and that it was wrong according to law,” has

Samoan

Commended

Nineva Tupua, boat swain's mate second class, USN, of American Samoa, received a com mendation signed by Admiral Felix B. Stump, Commander in Chief Pacific and US Pacific Fleet. The citation was presented to Tupua in April for his rescue, in Hawaii on February 11, 1956, of four-years-old Richard S. Harvey, II, son of Commander and Mrs. Richard S. Harvey.

The boy fell from a pier and was drowning.

Presenting the com mendation to Tupua is Vice - Admiral M. E.

Curts, Chief of Staff and Deputy Commander in Chief, Pacific Fleet.

the verdict been “different” from a condemnation?

And it must be borne in mind that, often, native murders are the direct outcome of a strange, ferocious anger quite as mind clouding as any neurosis that advanced homo-sexuality can produce. Many who have worked among natives maintain that at such times they are far less sane than any European similarly provoked.

Before the murder Poole at first attempted suicide to free himself of the neurosis his unnatural practices had induced. Although a suicide is often said to have taken the easy way out, that is not really so. A certain warped courage is required, and at the time Poole was not quite up to it. Then he decided that “murder would achieve the same result.”

As the BSIP Govt, newsletter of March 15 says; “He therefore killed the boy to achieve his own death.”

Would Poole have been so quick to kill an English schoolboy? It is very easy for an inexperienced European, seeing the typical black features of a different race all about him, to look on any native as “just another native.” But the point that can be missed is that no fellow human being is “expend able” for one’s own utility.

Now that the Court of Appeal has pronounced him guilty but insane, and directed that he be

detained in an asylum, we can be glad for the poor man. Asylum specialists may be able to help him retard any developing schizophrenia.

He may conquer his vice that has dragged him down, and in repent ance he may emulate “the Christian restraint and fortitude” of the dead boy’s people.

Did Poole get justice in Hon Yes. The full apparatus of a Commissioner’s Court was put operation. He was able to o the services of a special lawyer ; into the Protectorate to conduc defence; an expense, inciden far beyond the means of a m The BSIP Administration even

he lengths of getting the iatrist to the NSW Govern to interview him and later give pert opinion. Would such an se have been so readily :ed for a native? would hardly appear that had to hang. Before the appeal was heard two very snt medical advisers came out the United Kingdom to r iew the accused. What native . have had such opportunities led him for his defence? I “opportunities” since it would r that all the above ilists, as well perhaps as er psychiatrist retained by

Melanesian Mission, decided

in so far as the definition of ity laid down by McNaughton was concerned, Poole was

Editorial Note

have had several letters :rom BSIP residents on the Poole case —all on the same —Poole was sane; he should hanged because he was guilty i ecause any native resident of who found himself in a r predicament certainly would hanged. atever may have been inferred :M’s article of February, PIM lot, in fact, concerned as to Poole was “found.” What did rn us was the discredit into the whole BSIP administra vas thrown by the sensational itation of the case in Aus n newspapers. The admini an may have been quite less in this —but that was the

Jsuit.

Givis points out—this was of Australia’s business. But alians made it their business, jut of ignorance and against ackground as presented by the bandied the whole thing for weeks in incredible m. correspondents are of the ►n that Poole was technically -if they can accept child ?r as a post-prandial exercise, are welcome to that opinion, is prepared to accept the Court of Appeal’s verdict: but insane. are open to correction on the r of the Government’s and Mission’s “indiscreet silence.” was, of course, no reason he matter should be advertised d; nor was it. In the period 3stion, November-February, we in communication with the ,1 whom we understand was isible for the BSIP Govern- News Sheet; however, the first ation of the affair that we rom this official source was in ary after the finish of the in Honiara. Our first details e crime were at sixth hand

and emanated from a confidant of a member of the Melanesian Mission.

The first intimation that Aus tralian newspapers had of the affair was when Mrs. Poole left London by air to fly to her son.

Possibly, if she had not undertaken this so-called mercy flight, the newspapers would not have turned the business into a circus, as they certainly did.

Subsequent events —such as the cloak-and-dagger appearance of the two psychiatrists from Britain, and the trouble taken to see that Poole’s departure for England was made in secret —simply has added

to reporters’ impression that the authorities were being “cagey” if not downright secretive.

The crux of the discontent of BSIP residents over the Suva verdict seems to be (see our italics, paragraph one, above) that a native murderer would not have had the same legal aid as Poole, and therefore it was not quite cricket for Poole to accept it. But Poole was simply availing himself of the provisions made under our British system of justice and surely he cannot be held at fault here simply because (according to our BSIP correspondents) through monetary considerations, a native would not

ile to import counsel for his :e or, through him, to appeal ligher Court. night be more to the point to ask: Why haven’t Solomon lers in the past been afforded ill protection of the law which tiers accept as an inalienable ,ppears to us that it could be i that there is a difference en murder as a result of a i feud, and murder of the variety. In the former case, gmedy and punishment may we say may, advisedly) be led as a matter of domestic ; but in the latter it is a r for the ordinary processes Ltish law. And, according to law, if an accused cannot to engage counsel for If, the Crown is in duty to do so for him. If this is e case in the British Solomon s, and natives accused of 1 offences are not adequately led surely this is a cruel thing , matter for the Protectorate iment to remedy as speedily ssible. , finally, reverting to native We do not know the istances that led up to the ig of those two Malaita s (which event has been ,ntly dragged in to show that should likewise have been d) but dt the risk of annoying SIP readers still further with ; Australian comparisons, we

would like to refer to a small item appearing on page 133, May PIM.

It refers to the fact that in April, Judge Gore of P-NG sentenced to three years’ imprisonment, three native murderers of Menyamya where a very lively inter-village vendetta was in progress some months ago. This verdict carried on the “Judge Murray” tradition under which natives were educated rather than punished in gaol—and frequently were later sent back home as the village policeman, Nonetheless punishment is made to fit the crime in NG, too—and readers will perhaps remember how a native was hanged in Lae a year or so ago. This native had seryed a term for murder; and was serving a second term for another murder when he committed the third, this time of a native warder. Clearly in that case the murderer was a menace to society, incapable of learning that crime did not pay.