Some Nagging Doubts

DID THEY FALL, OR WERE THEY PUSHED?

Lenormand Case Rouses Some Nagging Doubts

Observers in the South Pacific have been pondering re cently over the remarkable similarity between the abruptly ended political careers of two leading figures in France’s Pacific territories, Maurice Lenormand and Pouvanaa a Oopa.

UNTIL January, Lenormand was Deputy for New Caledonia and the New Hebrides in the French Parliament and a member of New Caledonia’s Territorial Assembly.

Then he lost both his political posi tions, plus his civil rights for five years after being convicted of “know ing a crime had been committed and not denouncing same”.

The crime that he did not de nounce was commited nearly two years earlier. It was: Attempting to dynamite the office of L’Avenir Cale donian, the roneoed news sheet of his own political party, Union Cale donienne.

Pouvanaa was also a Deputy in the French Parliament —for French Polynesia—and was a member of French Polynesia’s Territorial As sembly. He lost both political posi tions after being sentenced, in Octo ber, 1959, to eight years’ imprison ment and 15 years’ exile for attempted murder, arson and the ille gal possession of arms, following the referendum in which French Poly nesians narrowly voted to remain in the French Union.

Both Lenormand and Pouvanaa were the leaders of the strongest poli tical parties in their territories; both favoured increased self-government for their territories; and —according to their supporters —both were framed by their political enemies.

Findings Rejected

The supporters of both men have declared their confidence in them de spite the findings against them of the courts.

Lenormand’s case dates back to April 26, 1962, when the office of L’Avenir Caledonian was dynamited.

Lenormand’s political enemies at first came under suspicion but nothing could be found to incriminate them.

Then, early in May, 1962, Michel Bernast, secretary of the Union Cale donienne, who occupied an apartment over the dynamited office, was taken into custody.

Two other men—Paul Cavaldini, a Eurasian, and Maurice Galazka, of Polish descent —were arrested to wards the end of the same month.

Both were members of the Union Caledonienne, and both had been in New Caledonia for only a few years.

The men were kept in prison until their trial in the last quarter of 1962.

Bernast was charged with the strange and long-winded crime of “knowing a crime was to be com mitted and not preventing it’’. The other two men were charged with the dynamiting.

During the trial, Galazka alleged that he carried out the dynamiting at Lenormand’s suggestion. Cavaldini alleged that Lenormand was informed after the event, and thus knew who committed it. (Cavaldini, incidentally, tried to commit suicide during the trial.) All Found Guilty The motive advanced by the two dynamiters was that Lenormand’s life was in danger from his political enemies, and that they thought it would be a good idea to create a psychological shock and put the police on their trail.

The outcome of the trial was that all three accused were found guilty.

Bernast was sentenced to two years’ imprisonment; and the other two to five years’ seclusion, which is virtually solitary confinement.

The Public Prosecutor bitterly cas tigated Lenormand during the trial, declaring that he would do all in his power to bring the real person re sponsible to justice.

An attempt was, in fact, made to bring Lenormand to trial—a request was made that his parliamentary im munity should be lifted, but the French Minister of Justice refused this.

Lenormand was ill in Paris during the trial, and did not return to Noumea until early November, 1962, which was just before new elections

fer deputy in the French Parliament were held.

One of the first things he did was to call on the judge d’instruction with what he called “the poofs of my innocence in the dynamiting affair.”

Nothing definite is known of what took place at this meeting, as any thing that occurs in a judge destruc tion's office is secret.

But Lenormand’s supporters say that when confronted with the dynamiter who had accused him of instigating the affair, the man re

traded his accusation, saying that he had tried to implicate Lenormand, knowing that parliamentary immunity would protect him, while he (the dynamiter) might win the court’s in dulgence for having acted under orders.

Whatever the truth was, Lenormand went free for the time being; and in the subsequent elections he romped home with a majority of more than 3,000 over his opponent, Edouard Pentecost.

Lenormand thus had cause to con

gratulate himself that the dynamiting affair had done him no harm. In deed, within a few weeks, it must have seemed to him that a Golden Age had begun, because: • Mr. Laurent Pechoux, the French High Commissioner in the Pacific, and one of his most bitter enemies, was lecalled to France and replaced by Mr. Camille Biros.

O His photograph appeared on the front page of the Nickel Com pany’s newspaper, France Australe, and news of his doings were reported over the government-controlled radio station—things that could never have happened in Pechoux’s time.

But the new scheme of things was not destined to last for Lenormand.

Forbidden in French Polynesia Last November, Governor Grimald, of Tahiti, signed an order forbidding him to land in French Polynesia. No reason for the measure was given.

Then came Lenormand’s convic tion of the crime of knowing the office of his party’s newspaper had been dynamited and “not denouncing same”.

The prosecution’s case was based on Cavaldini’s allegation that Lenor mand had been informed of the dynamiting a few hours after the event —the Prosecutor refusing to ac cept Cavaldini’s subsequent retrac tion.

According to French law, of course, it was not up to the prosecu tion to prove that Lenormand was guilty. It was Lenormand’s job to prove he was innocent.

Lenormand engaged a famous Parisian lawyer to defend him, and when he was convicted, he appealed to the highest French Court. The appeal judge rejected the appeal on the ground that there was “too much doubt to accept Lenormand’s innocence.”

Lenormand’s followers in the Union Caledonienne almost immediately showed their contempt for the court’s decision by passing a resolution at their annual congress declaring their full confidence in their leader.

However, nothing short of an amnesty from the French Govern ment can put Lenormand back into politics now —and that seems about as likely as President de Gaulle’s abandoning his H-bomb plans for the South Pacific. 9 Mr. R. H. Mills-Owen, who has been appointed Chief Justice in Fiji, is due to arrive in Suva on June 7. Mr. Mills-Owens has been a Puisne Judge in Hong Kong since 1961.