SAMOANS BANISHED.

Press, Volume LXIII, Issue 19176, 6 December 1927, Page 9

SAMOANS BANISHED.

NO RIGHT OF APPEAL

(PJtBSS ASSOCIATION I'ZLEORAU.)

WELLINGTON, December 5. In the Court of Appeal, before the Chief Justice Sir Charles Skerrett, and Mr Justice Sim. this morning, application was made by Kir John Dindlay, K.C., and with him Mr Harding, on behalf of Fuataga and Tagaloa, two Samoans, who had been sentenced to six months' imprisonment for breach of their banishment order, for leave to appeal to the Privy Council from the judgment of the High Court of Samoa. Sir John Findlay .->aid he had come to the conclusion that on the proper construction of the Samoan Apt, 1921, there was no right of appeal from the (Incision of the Supreme Court of New Zealand in any matter brought before it from the Court of Samoa, and that therefore he would not carry the matter any further, but if the Court should come to a different conclusion, then on the merits of tho case, he submitted that leave to appeal to th© Privy Council should be granted. Mr M. Myers, K.C., with him Mr Currie. who appeared for the Crown, said there was no right of appeal to the Court of Appeal of New Zealand, and therefore by necessary implication the Court had no jurisdiction to grant leave to appeal to the Privy Council. So far as tne merits of tho case were concerned, he submitted that leave should not be granted, as in any case the sentences would expire before the case could possibly bo heard by his Majesty in Council. Sir Charles Skerrett said it was unnecessary to decide whether there was right of appeal, or not, because the Court was of the opinion that even if there was such a right it should not be granted. Appellants had not made out a case in which appeal should be granted, if for no other reasons than because the sentences would expire before the matter could be determined. The motion was therefore dismissed. Mr Justice Sim concurred in the judgment, and had nothing to add.