COOK ISLANDS ADMINISTRATI

Dominion, Volume 5, Issue 1416, 17 April 1912, Page 5

COOK ISLANDS ADMINISTRATI

Sir,—l am pleased to see by your of April 2 that you are acaiii'ifrawi . , • ti'iiticn tu Ilio maladministration o : ■ ■•. islands under the regime of '•fi.■.•.■:,, I Ninth. The report of the "Xiio-oikm. :ui i ior case" in the Mime issue diselo ■:■ l.vi ; drunkenness through bush beer .i:i!i!- : ! is still most prevalent, and was-. - i ; . v- ! \J Jgnioie murder case— rospons; 1 .;. ! this, .seeond tragedy under ' -i;! ■' Smith's administration of some . ~. ■■<■■: duration. During Calonrl Ciu;i-; •,;/■-'- ministration, extend in;; over .:'■-..■■■ ■■ eleven years, no murder <■:■ - ■•• •.■::.■.'. at Knrolnnga. A full repoi .>■ -i•• ■>• deuce adduced betcre Jml w<\--:.i ■'. during the trial of the v .; v■. .. t ! has been received by me, -i v.i-■ ■ s tho fact that the most rr.,i--: ps should be taken to stop h.-- !. ■Xt drinking, which is pra-s ■t..!)--- •■ ing the chief factor in criir.'. 1 ■ ■■ tion with (his particular r.'.<■ •• appear to bo grossly un f ■ m ciised that the Xew Zeala- - it did not provide the ace v trained counsel to conduct ) 1 qualified man was sent do; n Prosecutor, and surely as the. .<ed's life was at stake the least the \.jvcrnment could have done was to have supplied Xoo-ongo with a lawyer, the same as is dono in Xew Zealand in all capital charges where an accused is not in a position to fee counsel. Sir .lames Carroll, as Minister in charge of the Cook Islands, was requested to furnish tho necessary counsel for Xoo-ongo, but tho same old "taihoa" policy being still in vogue at that time, nothing was done, and the unfortunate Xative had to rely upon the good offices of a missionary, tho Rev. Mr. Bond James. Whilst on this subject I would like to compliment Chief Detective M'llveney on the able way in which ho conducted the case as Crown Prosecutor, and at the same timo his complete fairness to the accused, especially in his going out of his way to call witnesses—which he need not havo done—whose evidence was in tho direction of showing that bush beer drinking was the whole cause, of the tragedy. This was a most manly action on the part of Mr. M'llvenev, and showed that ho was determined that tho truth should be known as to tho evils of the curse of bush beer drinking amongst Natives, and at tho'some time letting the jury know that tho accused at the time he actually committed the crime was hardly responsible for his actions through the awful effects of drunkenness. In his address to the jury, the Rev. Mr. James wished to enlarge upon the prevalence of drunkenness in Rarotunga, and stated that the accused may have been suspicious through drink, adding, "but we all know how easy it is for a Xative to get drunk in Karotonga;". when he Was stopped by Judge M'Cormick, w.ho intervened with the remark, "that he could allow no reference to the drunkenness in Karotonea. If any complaint was to bo made it should be made to the proper quarter, but it could not be allowed in this case." It is the invariable practice in the Xew Zealand Courts to allow counsel great latitude when addressing a jury at the conclusion of the taking of evidence, and even much more latitude in a murder case, especially where the accused is a Xative. It is therefore a great surprise to learn that the Judge thould have taken such prompt steps to prevent reference to that which was of such common repute, not only in Karotonga, but in Xew Zealand. Tho question of drunkenness formed a most important factor in this particular case, so it is regrettable that the Judge should have 'stopped Mr. James's referenco to it. It has been contended that during Mr. Smith's occupancy of office sufficiently drastic steps were not taken to put down with a firm hand the drunkenness that was rampant. It is nell known that ono of the chief reasons why the late Inspector of Police (Mr. W. It. Reynolds) could not work in harmony with Mr. Smith was -that the inspector did not receive that support toi which he considered ho was entitled at the hands of Mr. Smith for the eradication of bush beer drinking and its consequent evil—drunkenness. Even Sir Robert Stout in his famous and in some respects inaccurate report on the administration of the Cook Islands stated that he was "of opinion that there will havo to be more strenuous efforts made to nut down what is termed 'bushbcer drinking. , " This entirely bears out the contention of the late Inspector of Police, but the evidence disclosed at the trial under notice shows most clearly that no additional steps had been taken to cope with this evil. Reference to the report of Sir Robert Stout reminds me that it has always been the contention of many of tlve Cook Islanders (Europeans) that this report "had been made on incorrect assumption of facts." The report was known to contain many inaccuracies—to put it mildly—and when Mr. R. A. Wright, as a member of Parliament, drew tho attention of the House to ono glaring inaccuracy where certain correspondence that told in favour of Dr. Dawson had been omitted, the Hon. Mr. Fowlds —who, by the bye, was not then busy looking for the "new evangel"— rushed to the assistance of the Chief Justice by acclaiming' it was not an inaccuracy but "a slip of the pen." If tho Hora. Mr. Fowids had been seized of all the facts in connection with this "secret inquiry" he would have found as a great many others bave done that the report was simply teeming with "slips of tho pen." The mere holding of an inquiry— as in the Cook Islands inquiry—in secret and not upon oath tends to the "assumption of incorrect facts," particularly where the complainants refuse to be made parties to a "Star Chamber" tribunal, by declining to give evidence except on oath and at nn open inquiry. It is satisfactory to learn from your sub-leader that "on tho proper occasion the whole of tho story of 'Captain' Smith's administration will be retold." It will be a record of so many blunders that it should even make the members of the late Ministry blush, and no one more so. than Sir James Carroll, under whose administration as Minister for the Cook Islands such a farco was perpetuated for two years. It is to be hoped that you will be able to place on record what it has cost Xew Zealand tho change from Colonel Gudgeon as Resident Commissioner to "Captain" Smith.—l am, etc.,

ONE WHO RESIDED IN EAROTONGA Auckland, April 10, 11)12.