FIJI "JUSTICE.

NZ Truth, Issue 127, 23 November 1907, Page 8

FIJI "JUSTICE.

fRJ& BY MiG&

A&Wttft^y- l<T *ssessors"— But Convicted and Condemned by Jadlcs— A Scandalous State of Things.

*»i&flstf*3BeSfera Pacific Herald,** * (•Mtewspajpeß published m Suva, Fiji, •reveals an extraordinary, condition of ■ jftbings with; regard to the adminisftratioih of justice m that colony. fTfcis revelation is made in^ the course of a report of a discussion m ithe Legislative Council „01 Fiji on a proposal made by one of its mem- ! |>ers for the abolition of trial by assessors and the due establishment of Itrial by jury m Fiji. It will no Jdoubt come as a surprise to our reapders to be. told-^there is at present Very) little ' trial by jury, m Fiji* TRIAL 1 BY 'JURY ips only permitted m Fiji where both parties to a case are whites ;;-. should |one of them be. a colored man, the 'itrial is by assessors, whose verdict may be calmly disregarded toy the : Tte -^ jjquoted cases during the debate m the where assessors bad found ftiten innocent of the. crimes with '..which they were charged, and m sjwhich the Judge> had yet sentenced Hihe, accused person ta punishment. The Legislative; Council, of Fijicon-i-sists of ten official; members, who, it •^appears, are expected to vote as the. (who is the chairman) inti- ; six elected members, and two Fijians. On Thursday, October the 10th, a 'member of this .Corni-" rcil, -"'the Hon6rable Mr*?rurner, niov- ' ffed :-i '•■■■" ' "■ '• '- ' ; ' -■- •■ --

That" this Council is of opinion '■'. that the time has; arrived for the " abolition ' of trial by assessors m ■ the Supreme Court m criminal cases, as provided for m Section 17 of- Ordinance No. X of 18-75, ■ and that" trial- by jury, be substituted". in place thereof. . . Here are some of the things , - ithat Jwefe said v by THE HONORABLE' MR. TURNER, mho .was several times' interrupted by. Jllie. Governor aad was replied to by it-he Acting Attorney-Qtenexal, who, it appears, is but a recent arrival m ,4Pi j'i ; but who, ncYer.the.less, was able to . give the.;, official . .view of rthings.with more effect thaft if he- . liad been a arietal phonogifapli.; ,The Honorable Mr .Turner said :— c ■If a man is tried for murder, Jour gentlemen are. picked to help, the Chief Justice m trying the Case.' After, listehing to the evidence ad- , ducedl they. give, their .verdict br*op- • 4nion, and tlie Chief 'Justice can round amljsay, "CJienftte>inen, that" is your'- opinion, I' do*not; ,^agr:ee with you. This mran ' isjguilty, and 1 am' 'going to hang ftim." (Laughter.) The Chief Justice is the jury ' and the judge,- and you might as well make him (the EXECUTIONER AS WELSJ^ . fn a case m tlie early, bistort of, 4»he colony, where some men were (tried for shooting at some natives, j*he assessors found the accused^ * <f not guilty." The Phief tfusticev said, "That is your opinion, gen- ♦' •sle«nen ; lam going to give them vflve years all the same, and be did. ; rlShose men were innoceait. . .fDhere' -flras aaother case here, where one . of the honorable members of I;his< was occapying' the Bench ;." >*b.e case was tried* by> assessors. : theyi were *oW that 'ii>\ Ufas a case for their decision* 'If . jwas a of facts, not.a«qujes- j iiion of law^ The assesssor&idecid- .{. rd "thaU fp THEMX'NI^i^^NNCIC«!»T, \* &ut the Chief Uustice toxmSi- Mni^ i^'guHty," - I ibave Jaeen .told, ,sir,J ffibaifc.ffehe Chief 'Justsice -to whom a£; first reflerced— Sir Joha-Oorrta— was-/ ■ not altogether -right m tois ( V His Excellency/: I nrasfrask theH . hon. member not to mate personal remarks. He caaaibt injEpro^Be his-.; : ■position by ; repeating . mere . Jjear-< says. • ' ' ■•-■ • .. . Hon* Mr Turner : TSieyH-ftte .-no** . hearsays, and it... as ifco sttaxd?: 1 agadnst a man's life or liberty! be-v ing taken away ; from* rhim that? I am aiming. -. . .■ I believe, sir, , there b-as never been a case m. which the assessors have foundrine* man Ku^ty, and the Chief Justice has Sound him innocent. But there have been cases the other way<{ and the Chief Justice itias FOUND MEN i <( GOIiLTY" , ■- when, the assessors have found thern^ "not guilty."- Tlie Crown fences.! ..itself dn all kinds' off ways. It "t draws up the jury list and then!?, ! thrashes out m court whether, a- ' i man is suitable for the- jury or-v I not. That should be sufficient prc-- .'■. caution. , . ■' ■ : * 'After speeches by, the Hon.- Mr* JMcßae,. who. seconded .the motion, t and said ; that a jury was ' 'the most ■^perfect tribunal that could be desir->ed-,V and by the 'Acting Atjorney-:-'OeneraU/',w-lK) onposed the motion, ithe Hon. Mr Turner replied* He* ♦said :•—'.-•■ . The Acting Attormey-General says'

n Legislative Council.

. .tliat ftrial -Kyi -jury, is^n^forcft- Eere:except where a colored man is concerned with a white man, and that even then you have the trial by i jury m special cases. But whose! permission have you to set ? The permission o£ the Chief Justice, but m this case that everyone knows of I understand that the Chief 'Justice was-: — His Excellency : I think the honorable member is going beyond his right m attempting to discuss an opinion recently given by THE CHIEF 'JUSTICE.Hon. Mr .Turner : I am not discussing'it. His Excellency * Will the honorable, member ./pass on to the rest ..of his argument, Hon. Mr Turner : But the Acting ...AtiorneyrGene^a,} has r quoted nautical cases.f and T think/ I 'have 'a' right to quote cases that have occurred here. His Excellency : The 'Acting At-torney-General "has quoted . the opinions of gentlemen of, indisputable authority. „..-." vg^on. Hr Tuxner : I think it T^jlild be preferable to have a jury, ofcltwelve Fijians if you cannot get twelve HONEST WHITE MEN. It would be preferable to have . a jury than to leave it to the Chief Justice alone. His Excellency : I think the honr ora-ble member is saying words that do not count at all. I may take this opportunity of saying that I cannot accept the motion. 1 am allowing, the honorable member to. have 'a chance oX persuading the House, but such statements as those about Fijians cannot help •him. Hon. Mr Turner : I did not think my motion would be carried | to-day. I am only sowing 1 the ! seed m the hope of. reaping the fruit m a very, short time.V I woulil like to read, with your permission, something froni a paper of ; the 29th September with reference | to " . ' ' ' -! ■ THE .JURY SYSTEM. ] His Excellency the Governor': Is the honorable member .quoting from a, local paper.?; . .. ■ Hon. Mr . .Turner ': It is ohe of the leading papers of the Commonwealth. The speaker , then read from Sydney "Truth" a sub-leader entitled, 'Sentenced to Death," m which it dealt with I>he case of, Reuben Ward. Vlr Turner, read as follows ;— . The jury system is the great and glorious safeguard of our popular liberties. It is better than any other system 'that fcas yet been devised toy the wit qf man for ibe \ protection and political liberty of the .-British" aufcjecfc. The speaker continued :— | I ask you, -gentlemen, to vote m | favor of the best, not the second iiest. I His Excellency : X would* suggest H>frat the honorable member withdraw fcis motion. I will put it to 'the Council if he pleases. Hon. Mr Turner : It may be defeated,: but . I' beg leave, not to .withdraw, i think it .will have a ..sood effect . I weaken the case -by I 'KWi^bdEawing and I STAND -TO MY GUKS. Question put-»nd- declared lost by' His. Excellency. Hon.; Mr Turner 3 I beg to- ask' for a division. . . On -a division being .taken, -the' 1 ihon. members voted as follows •:— For.— Ratu Radavu Levu, Ratu i Uoni Madraiwiwi, Inspector-General of Constabulary, Mr Laaarus, Mr Turner, Mr Mcß'ae, Mr Majks,Mr; Coubrough. / Against.— Mr Simmons, XgeritGeneral of Immigration, 'Dr. Lynch, ! Collector of Customs, Acting At-] / forney-General. Colonial Secretary, 'Acting Chief 'Justice^ . j For, 8 ; against, 8. ;J His -Excellency gave his casting.!] vote m the negative. : SIR EVERARI* IM THUR/N, > the Governor of 'Fiji, seems, according to the report, to bave been unduly anxious to protect the Chief Justice from criticism ; and not strikingly impartial as. a chairman. T-He votifßg makes it clear that the people of Fiji, as represented by the elected members of the .Legislative Council of Fiji, are m favor of the abolition of the system of trial by Judge, called "trial by assessors,! and m favor of trial by jufy. The division list shows that eight of j Hie official members voted against the motion, one official member, the Inspector-General of Police, voted for the . motion, and five out of the six i jlected members voted m the same direction. . So did the .{two. Fijians. Dne elected member was absewt. >