Tuata Neither Guilty
pp. 158-159 · Read in the full issue
Honiara Murder
Case
Tuata Neither Guilty Nor Innocent
• A fuller report of the proceed ings against a Rennelese, Rual Tuata, who had been charged with the murder of F. N. Gilliland, in Honiara, BSIP, in August (“PIM”, October, p. 17) now is available. It did not shed much light on the pre sent legal status of the accused; rpHE formal charge against Rual A Tuata, of murdering F. N.
Gilliland (on August 7), for hearing before the Judicial Com missioner (Mr. D. Barwick), at Honiara, on October 9, 1957.
The Acting Attorney-General (Mr. G. J. Horsfall), prosecuted, and Mr. E. A. O’Connell, of the Crown Law Office, Port Moresby, appeared for Tuata.
Three assess or s had been appointed. They were Mr. Albert Kuper, the Rev. Aisake Vula, and Togaka, a Rennelese dresser from the Central Hospital, Honiara.
It appeared, however, that Togaka had not sufficient knowledge of English to understand a short address which the Judicial Com
missioner made to the Assessors; and the Court decided to dispense with Togaka and proceed with two Assessors.
The Acting Attorney-General said that the courtesy of the Administra tion of the Territory of Papua and New Guinea in making Mr.
O’Connell available to defend Tuata was very much appreciated.
Mr. O’Connell said that he had seen an article in a recent Sydney publication which he wished to bring to the notice of the Court. He said that this article had, in fact, con demned his client before the case ever came to trial and he regarded the statements made in it as amounting to contempt of court. (The “Sydney publication” re ferred to was the “Pacific Islands Monthly” of September. In a refer ence to some unusual features in the handling of two murder cases in the Solomons, the “PIM ” said: “But when a native murdered a young Australian in Honiara, on August 7, it caused not as much as a ripple on the pond”.
After the murder, Rual Tuata bolted into the bush; and he was not captured until after the police had hunted him for four days. It was not unreasonable that our writer, in September, should have used the phrase quoted. He was referring to certain other incidents in Honiara; and there had been no re
port from Honiara or elsewhere the Rual Tuata would be defended. 1 However, in British justice, a accused is innocent until he proved guilty. We were wrong i saying that “a native murdered] young Australian”; we should ha\ said “a native allegedly murdered young Australian” ; and we apologu accordingly to the judicial authoi ities of Honiara — Editor, “PIM” A The Acting Attorney-Gene® said that he had conferred wit Mr. O’Connell before coming iir Court, and that he would raise tl issue that Tuata was unfit to plea Dr. J. D. McGregor gave evideii that he had seen and talked I Tuata on August 11 and on alma every day since then. When he fln saw and spoke to him he found i evidence of injury or disease, ai formed the opinion that Tuata w sane. Later, he found that Tua was suffering from delusions, inchi mg delusions of persecution. The delusions were fixed and unshak able, and were real to Tuata.
Cross-examined by Mr. O’Connd Dr. McGregor said that in li opinion Tuata was suffering fro schizophrenia. As a result he ha auditory delusions of persecutio hearing voices which told hi things; and he could not distingui between facts and his delusions.
Dr. McGregor said that Tuata w not capable of giving a lucid accou
s Counsel and, in his opinion, [ not follow the pleading at rial. e court found that Tuata had ficient intellect to follow the ledings or make a defence, and therefore unfit to plead, e Court therefore rose without ng any further evidence. An has been made to keep RUal 1 in strict custody at Her sty’s pleasure —Honiara Corre ient.
Editorial Note:
jLOWING upon the comments lade in September PIM (when r e drew comparisons between murder of a native by an shman, Poole, and the apparent er of an Australian by a native) ow must point out that this on by the court in Honiara 5 the legal situation somewhat re. ita was not found innocent, or r , nor apparently was he ied insane, but simply ordered ‘strict custody” (gaol, we pre ) for an indefinite period.
McGregor diagnosed schizo da, a fairly well-defined mental tion for which there is recog psychiatric treatment. But the . found that he “had not suf t intellect to follow proceed to make a defence”, which is ;hing different. [ecision as to whether the per charged is to be treated as latic or something abnormal, ly is left until after the whole le circumstances have been i before the court, as in the case. Or sometimes it is de by a lower court or at a pre ary inquiry that an accused 1 is insane, whereupon he is ied and not tried by a higher diets that persons have com d crimes “while of unsound ', or that they are “guilty but e”, are frequently given by >, and then such criminals are >ed of in due and proper form, e case of Tuata, he has not proved guilty, but he is locked definitely. > Honiara procedure doubtless te in order, but it is confusing, show where such confusion we refer to a strongly-displayed “ in the Sydney Communist >aper, Tribune, on October 16. heading is, “NG Native Gets Sentence Without Trial”, and it nts the facts of the Honiara sdings on October 9, and con >: “In effect, the court has Tuata guilty although he stood trial.” rernor Peter Coleman, of rn Samoa, and Mrs. Coleman, i through Auckland in mid er en route by air to the South c Commission meeting at ea.