£5600 FINE

Hokitika Guardian, 16 October 1931, Page 4

£5600 FINE

ON SAMOAN COMPANY'.. APPEAL TO FULL COURT. (By Telegraph—Per Press Associa.tiony WELLINGTON, October 15. Another appeal from the High Court of Western -Samoa came before thcFull Court to-day, in the case, Hon. 0. F. Nelson and Co., Ltd., v. the-Police (Samoa). In January, an information was laid by the police of 'Samoa, charging Mr Nelson's Company with 28 deferent breaches of Samoan regulations of January 1930, in that it participated in activities and aided, abetted, and encouraged activities of a seditious organisation, to wit, The Man, by receiving various sums of money on its behalf. The Company was found guilty, and was convicted by Chief judge Lux ford. The Company was fined the maximum penalty of £2OO on each charge, making a total fine of £5600.

The Company is now appealing from that judgment. Mr Moody, for -the appellant Company, said that the appeal was based on the following grounds:— (1) The convictions were not justified by the facts. (2) The convictions were erroneous ill point of law, (3) In any case, the penalties ' wcv@ excessive, Counsel said that the suggestion that was made by the prosecution in the Court below was that, by the receiving of these moneys and the giving of receipts for the moneys, the 'Company had committed a breach of Samoan regulations, the inference -being that they were to be used for the purposes of The Man. The total amount received was £238 ss. The contention of the appellants, however, as made in the Court below, wa,s that these moneys were paid into the office of the Company at Apia by a member of The Mau for the purpose of being forwarded to Hon. -ur -Nelson personally in part repayment of debts due by The Mau to lrm the moneys were received by employees of the Company so that they might be forwarded to Mr Nelson in discharge of the debts that were owing ito 'him at a time prior to The Mau being declared illegal. These debts had been incurred by Mr Nelson in meeting legal expenses and in purchasing goods on behalf of members of The Mau, The Court adjourned until to-morrow.