RELEASE ON BAIL

Evening Post, Volume CXVII, Issue 73, 27 March 1934, Page 10

RELEASE ON BAIL

APPLICATION GRANTED

CONDITIONS IMPOSED

Pending the determination of his appeal to the Supreme Court of New Zealand from the convictions recorded against him in the High Court of Western Samoa recently on charges of sedition, Olaf Frederick Nelson is to be released on bail from custody in New Zealand, and the execution of his sentence of eight months' imprisonment is to be stayed. Orders to this effect were made by Mr. Justice Blair in the Supreme Court, today after . hearing legal argument in support of an application for Nelson's release.. Bail was fixed at £500 in -Nelson's own recognisance, with one surety of £500. "or two sureties of £250 each, and he has to comply with certain conditions laid down by the Court. The attitude adopted by the Crown, as indicated to the Court byMr.'C. H. ■■■ Taylor, Crown Solicitor," was -that it was prepared to agree to bail; being allowed, pro\-ided the Court was satis-' fied that it had the jurisdiction to grant the.application, and subject also to such conditions as the Cour^ might think fit. Mr. P. B. Cooke, who appeared on behalf of Nelson, said that as the Crown raised no objection, the matter, in his submission, was somewhat simplified.. Mr. Justice Blair: Yes, it struck ma as obviously a case in which, one would grant bail if there is power to grant it. Speaking of conditions governing Nelson's release, Mr. Cooke said he did not anticipate that there would be tha least difficulty in that'direction. JURISDICTION QUESTION. Mr. Cooke then dealt with the question of whether the Court had jurisdiction to grant the application. He-con-tended that it had. 'Counsel based hia submission on section 91,0f the Samoa Act, 1921, and alternatively on section 92 as showing that what jurisdiction the High Court of Samoa possessed, it was only reasonable to suppose the Supreme Court of New Zealand had. Mr. Taylor addressed the Court oa the. question of the amount of bail, and also placed before-his Honour suggestions as to conditions it was thought should be imposed if bail were granted. After hearing counsel, his Honour" said he thought it was reasonably clear that the Court had power to grant bail. Section 91 of the Samoa Act, 1921, clearly inferred a power both in the High Court of Samoa and in. the Supreme Court of. New Zealand to grant a stay of execution,- and he thought there was weight in Mr Cooke's contention that the section stood alone and could be treated as standing alone to the extent that it authorised the Court to stay execution He agreed also that that was not limited to civil procedure. Nels6n was appealing «om a sentence, and,it would be the height of absurdity to let him continue serving a term of imprisonment when it might happen that his.appeal succeeded or the Court had .power to reduce a sentence. He proposed, theretore, to make an order staying execution, the effect of which would bethat he would be_no longer held.in custody. The order, however, would.be limited totne term of imprisonment that had been imposed upon him, and woald not m any way affect the other part of his sentence, which, he understood, relatea to exile from Samoa for a certain period. -

Deahngjnth section 92 of the Samoa Act, his Honour saia. he thought-that section should be interpreted, efpeciur twn 81, that the Supreme Court had •£S»n ? S t° .e^ ercise the..3urisdictioa given to the Hxgh Court of Samoa. The Supreme Court of New-Zealand was a higher Court than the High Court of bamoa, and obviously, therefore, the Supreme Court had power to releasethe appellant on bail pending the determination of his appeal. His Honour said that-there would be an = order for a stay of execution of JVelsons sentence of imprisonment, ana an order for his release from custody on.bail pending the determinatiSn of the appeal. The period of his release on bail was not to be computed as part• of the term of imprisonment to which Nelson had been sentenced.. '. • CONDITIONS OF RELEASE. As to the conditions of Nelson's release, his Honour said he. did not want to make them such ■ that Nelson wouia be unable to comply with them.' Having fixed the amount of bail, his Honour; enumerated the .further conditions that are. to govern Nelson's Telease. : He is to surrender to the gaoler at Paparua Prison, where he.was taken on his arrival at.Lyttelton from Samoa, within forty-eight hours -of the-deter-mination of the appeal if< it isOdis- ■ missed or so dealt with as to- require the undergoing of imprisonment. Until the fulfilment of the conditions of his release he must remain in New Zealand. He must report forthwith to the superintendent of police of the district in which he proposes to reside and- give his address, and likewise. he must : report any change of address. While on bail he is not to be concerned directly or indirectly with the printing or publishing of the newspaper, "New Zealand Samoa Guardian," ■ and he is. not to participate directly or indirectly in Samoan political affairs.