COURT OF APPEAL

Hawke's Bay Tribune, Volume XVII, 5 December 1927, Page 5

COURT OF APPEAL

SAMOAN EXILES CASEAPPLICATION MOTION DIS MISSED. Wedlngton, Dec. 4. In tho Court of Appeal before die Chief Justice Sir Charles Skerret and Mr Justice Sim this morning, an up plication was made by Sir John Find-, .ay, K.C., and with him Mr Harding, on behalf of Fuataga and Tagaloa', tho two Samoans who had been sentenced to six months’ imprisonment for breach pf their banishment order, for leave to appeal to the Privy Council from the judgment of the High Court of Samoa. Sir John F'indJay said he had come to the conclusion that on a proper construction of the Samoan Act ot 1921, there was no right of appeal fiom fa decision cf the Bupreme Court of Now Zealand in any matter brought before it from the Court ot Samoa, and that therefore he would not carry tho matter any further, but if the Court should come to a different conclusion then on its merits, he submitted' leave to appeal to tho Privy Council should be granted. Mr Myers, K.C., and with him Mr Currie, who appeared for tho Crown, said there was no right of appeal to tho Court of Appeal of New Zealand and therefore, by necessary implication, the Court had ao jurisdiction to grant leave to appeal to the Privy Council. As tar as merits were concerned he submitted that leave should not tie granted as in any ease the sentences would expire before tho ease could possibly be heard by his Majesty in Council. Sir Charles Skerret said it was unnecessary to decide whether tnere was a rigut of appeal or not, because the Court was of the opinion that even if there were such a right it should not be granted. The appellants had not made out a case in which art appeal should bb granted, and if for no other reason than because tlia sentences would expire before the matter could he determined the motion was therefore dismissed.

Mr Justice Sim concurred in tho judgment and said he had nothing to add to what the Chief Justice mid said.