Principles

·  NATIVE COURTS— Procedure — Must try criminal case in open Court.

·  NATIVE COURTS — Procedure — Appeal — Right to appeal may not be denied.

Although matters of criminal procedure in the Chiefs’ Courts are left up to the individual courts, certain fundamental requirements must be met: (I) accused must be tried in open Court in the Courthouse or the regular location of Court; (ii) accused must be afforded the right to appeal under Chiefs’ Courts Ordinance 1931, s.9.

Although matters of criminal procedure in the Chiefs’ Courts are left up to the individual courts, certain fundamental requirements must be met: (I) accused must be tried in open Court in the Courthouse or the regular location of Court; (ii) accused must be afforded the right to appeal under Chiefs’ Courts Ordinance 1931, s.9.

Judgment 

M. N. 0. Tambal, Resident Magistrate July 19, 1962:— Albino Maring Joto had petitioned me, saying that Chief Marliong Gajok, President of Mandari Regional Court, Tali, had imprisoned him for three months for a dispute over a bicycle that did not belong to him.

As I see it, the man does not appear to me to have committed any offence and you were wrong in sending him to prison.

He also alleged that he was not brought to the Regional (B) Court for trial and that you passed sentence on him in the market place.

This is extremely irregular and cannot be easily over-looked.

All trials have to be done in open Court and the accused should by no means be deprived of his right of appeal. I think I explained this to Chief Marliong Gajok in my first tour last month.

I will consider this as a warning to Chief Marliong Gajok and all other Chiefs, and I will deal severely with any other case of improper conduct on the part of any Chief.

However, as the petitioner has already served his sentence, there is nothing I can now do for him.

This letter must be read to all members of the Regional Court for notification.