Six Appellants Loses Appeal


Wednesday 1st March. .The six men who were charged and found guilty of various sexual offenses in the Pitcairn Supreme Court last year lost an appeal in the Pitcairn Court of Appeal today.

The six appellants appealed to the Court of Appeal to have their convictions dismissed based upon some of the following arguments:

1. The English Sexual Offenses Act 1956, the law under which they were charged, was not in force on Pitcairn during the period of the alleged offending and that it was not promulgated or published on Pitcairn and there was no knowledge of that Act by the people of Pitcairn.

2.The Governor acted ultra vires in enacting a number of Ordinances based upon the New Zealand system and appointing  New Zealand personnel to the Pitcairn judicial system, and not English judges and lawyers.

3 The lack of right of appeal at the time when the alleged offences were alleged to have been committed.

4. The lack of an English police presence on Pitcairn.

5. The late installation of the machinery of and enforcement of justice, including a new prison which was effected only after the investigation or institution of charges

6. The delay in the laying of charges after the Public Prosecutor had determined which charges were to be laid.

7. Issues relating to late promulgation/abuse of process matters.

8 The late appointment of the Public Defender.

The three judges Salmon, Henry and Barkley dismissed all ground for appeal.

In 2004 the six appellants won the right to appeal to Britain's Privy Council. This appeal will begin in July this year.


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