Pitcairn Islanders to be tried for sex charges under British law

1.00pm

Seven Pitcairn Island men facing sex charges have lost their bid to be tried by their own community.

The Pitcairn Supreme Court ruled in Auckland today that British law applied to the men and Pitcairn Island, and they would be tried under British law.

Pitcairn Supreme Court was allowed to sit in Papakura, south of Auckland, under a special act of Parliament. The court remanded the seven, who were not in court today, to appear for another hearing on June 16 when a discussion will be held on trial procedures.

The seven men are facing a variety of sex charges including rape and indecent assault, some of which date back to 1989.

Through their lawyer, Paul Dacre, they had argued that they should be tried by their own community and that British law did not apply.

However, Pitcairn Chief Justice Charles Blackie said in today's ruling from the full bench of the Pitcairn Supreme Court that they had not been convinced by any of the arguments.

"We have not been persuaded that there are any grounds to doubt the historical traditions surrounding the establishment and development of a British settlement on Pitcairn, nor the applicability of the laws enacted for Pitcairn.

"We conclude that the current municipal and international reality of British governments is not shaken by the argument that the legitimacy of its establishment is flawed," Justice Blackie said.

He said his fellow judges, Justices Lovell-Smith and Johnson, had carefully examined the history of Pitcairn and the application of British law but had decided "that British jurisdiction and the laws enacted for the territory of Pitcairn apply to the accused".

The ruling also upheld an appeal against an earlier decision which allowed the names of the seven accused to be published. Justice Blackie said the names of the accused and anything which can identify them would be suppressed.

He also ordered a chambers conference within 14 days to allow the defence and prosecution lawyers to discuss where the trial would be held, how long it would take and other related issues.

After the hearing Mr Dacre would not discuss an appeal, saying he had not read the full judgment.

Prosecutor Keiran Raftery said there was nothing further to say about the judgment.

If the seven men appeal today's decision it will be heard in the Pitcairn Court of Appeal which would also sit in Papakura. However if a court of appeal decision also goes against the seven men they could take their case to the Privy Council in London.

- NZPA