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In the Privy Council on Appeal from the Court of Appeal of Pitcairn Islands
IN THE PRIVY COUNCIL ON APPEAL FROM THE COURT OF APPEAL OF PITCAIRN ISLANDS No. of 2004 BETWEEN STEVENS RAYMOND CHRISTIAN First Appellant LEN CALVIN DAVIS BROWN Second Appellant LEN CARLISLE BROWN Third Appellant DENNIS RAY CHRISTIAN Fourth Appellant CARLISLE TERRY YOUNG Fifth Appellant RANDALL KAY CHRISTIAN Sixth Appellant A N D THE QUEEN Respondent CASE FOR STEVENS RAYMOND CHRISTIAN AND LEN CARLISLE BROWN PETITIONERS' SOLICITORS: Alan Taylor & Co Solicitors - Privy Council Agents Mynott House, 14 Bowling Green Lane Clerkenwell, LONDON EC1R 0BD ATTENTION: Mr D J Moloney FACSIMILE NO: 020 7251 6222 TELEPHONE NO: 020 7251 3222 6 PART I - INTRODUCTION CHARGES The Appellants have been convicted in the Pitcairn Islands Supreme Court of the following: (a) Stevens Raymond Christian Charges (i) Rape contrary to s7 of the Judicature Ordinance 1961 and s1 of the Sexual Offences Act 1956 (x4); (ii) Rape contrary to s14 of the Judicature Ordinance 1970 of the Sexual Offences Act 1956. Sentence 4 years imprisonment (b) Len Carlisle Brown Charges Rape contrary to s7 of the Judicature Ordinance 1961, the Judicature Ordinance 1970, and s1 of the Sexual Offences Act 1956 (x2). Sentence 2 years imprisonment with leave to apply for home detention The sentences have been suspended and the Appellants remain on bail pending the determination of this appeal. HUMAN RIGHTS In relation to human rights issues, contrary to an earlier apparent concession by the Public Prosecutor that the Human Rights Act 1978 applied to the Pitcairn Islands, it would appear not to have been extended to them, at least in so far as the necessary protocols to the Convention have not been signed to enable Pitcairners to appear before the European Court: R (Quark Fisheries Ltd) v Secretary of State for Foreign and Commonwealth Affairs [2005] 3 WLR 7 837 (Tab ). -
Bounty Saga Articles Bibliography
Bounty Saga Articles Bibliography By Gary Shearer, Curator, Pitcairn Islands Study Center "1848 Watercolours." Pitcairn Log 9 (June 1982): 10-11. Illus in b&w. "400 Visitors Join 50 Members." Australasian Record 88 (July 30,1983): 10. "Accident Off Pitcairn." Australasian Record 65 (June 5,1961): 3. Letter from Mrs. Don Davies. Adams, Alan. "The Adams Family: In The Wake of the Bounty." The UK Log Number 22 (July 2001): 16-18. Illus. Adams, Else Jemima (Obituary). Australasian Record 77 (October 22,1973): 14. Died on Norfolk Island. Adams, Gilbert Brightman (Obituary). Australasian Record 32 (October 22,1928): 7. Died on Norfolk Island. Adams, Hager (Obituary). Australasian Record 26 (April 17,1922): 5. Died on Norfolk Island. Adams, M. and M. R. "News From Pitcairn." Australasian Record 19 (July 12,1915): 5-6. Adams, M. R. "A Long Isolation Broken." Australasian Record 21 (June 4,1917): 2. Photo of "The Messenger," built on Pitcairn Island. Adams, Miriam. "By Faith Alone." Australasian Record 60 (April 30,1956): 2. Illus. Story of Miriam and her husband who labored on Pitcairn beginning in December 1911 or a little later. Adams, Miriam. "By Faith Alone." Australasian Record 60 (May 7,1956): 2-3. Illus. Adams, Miriam. "By Faith Alone." Australasian Record 60 (May 14,1956): 2-3. Illus. Adams, Miriam. "By Faith Alone." Australasian Record 60 (May 21,1956): 2. Illus. Adams, Miriam. "By Faith Alone." Australasian Record 60 (May 28,1956): 2. Illus. Adams, Miriam. "By Faith Alone." Australasian Record 60 (June 4,1956): 2. Adams, Miriam. "Letter From Pitcairn Island." Review & Herald 91 (Harvest Ingathering Number,1914): 24-25. -
Putting Down Roots Belonging and the Politics of Settlement on Norfolk Island
Putting Down Roots Belonging and the Politics of Settlement on Norfolk Island Mitchell Kenneth Low B.A. (Hons) University of Western Australia, 2004 This thesis is presented for the degree of Doctor of Philosophy of The University of Western Australia School of Social Sciences (Anthropology and Sociology) 2012 Abstract In this thesis I theorise emergent nativeness and the political significance of resettlement among the descendants of the mutineers of the Bounty in the Australian external territory of Norfolk Island (South Pacific). Norfolk Islanders are a group of Anglo-Polynesian descendants who trace their ancestry to unions between the mutineers of the HMAV Bounty and Tahitian women. Norfolk Islanders’ ancestors were resettled from their home of Pitcairn Island to the decommissioned, vacant, penal settlement of Norfolk Island in 1856. Since this date, members of the Norfolk community have remained at odds with state officials from Britain and Australia over the exact nature of their occupancy of Norfolk Island. This fundamental contestation over the Island’s past is the basis of ongoing struggles over recognition, Island autonomy and territoriality, and belonging. Using a combination of qualitative research conducted on Norfolk Island and extensive historical and archival research, I present an ethnography of belonging among a highly emplaced island population. One of the central problems in conceptualising Norfolk Islanders’ assertions of belonging is that Norfolk Islanders not only claim Norfolk as a homeland, but members of this community have at times declared themselves the indigenous people of the Island. With respect to recent anthropological theorisations of indigeneity as relationally and historically constituted, I consider the extent to which concepts such as ‘native’ and ‘indigenous’ may be applicable to descendants of historical migrants. -
Adventist Heritage Loma Linda University Publications
Loma Linda University TheScholarsRepository@LLU: Digital Archive of Research, Scholarship & Creative Works Adventist Heritage Loma Linda University Publications Spring 1993 Adventist Heritage - Vol. 16, No. 1 Adventist Heritage, Inc. Follow this and additional works at: http://scholarsrepository.llu.edu/advent-heritage Part of the History Commons, and the Religion Commons Recommended Citation Adventist Heritage, Inc., "Adventist Heritage - Vol. 16, No. 1" (1993). Adventist Heritage. http://scholarsrepository.llu.edu/advent-heritage/35 This Newsletter is brought to you for free and open access by the Loma Linda University Publications at TheScholarsRepository@LLU: Digital Archive of Research, Scholarship & Creative Works. It has been accepted for inclusion in Adventist Heritage by an authorized administrator of TheScholarsRepository@LLU: Digital Archive of Research, Scholarship & Creative Works. For more information, please contact [email protected]. A Journal of Adventist History Volume 16 Number 1 CONTRIBUTORS Michelle Abel is a second-year university student majoring in profes sionahvriting and history and looking to a B.A. degree. She moved from waitressing at the Valley View Restaurant in the Warburton Health Care Centre to a position as editorial assistant at the Signs Publishing Com Editor pany in Victoria, Australia. She has two younger brothers and two Dorothy Minchin-Comm younger sisters, accounting for five of the grandchildren of Kenneth Mead. Michelle is single, though she speaks enthusiatically about her La Sierra University boyfriend. Her hobbies include reading and writing, travel, and eating Italian and Malaysian food. Associate Editors Ronald D. Graybill Malcolm J. Bull graduated from Avondale College with a B.A. in La Sierra University Theology. Having served for a year as the island's pastor, his knowledge Gary Land Sorry, ofPitcairn comes first-hand. -
Adventist Heritage, Spring 1993
A Journal of Adventist History Volume 16 Number 1 CONTRIBUTORS Michelle Abel is a second-year university student majoring in profes- clididtrge sional writing and history and looking to a B.A. degree. She moved from waitressing at the Valley View Restaurant in the Warburton Health Care Centre to a position as editorial assistant at the Signs Publishing Com- Editor pany in Victoria, Australia. She has two younger brothers and two Dorothy Minchin-Comm younger sisters, accounting for five of the grandchildren of Kenneth Mead. Michelle is single, though she speaks enthusiarically about her La Sierra University boyfriend. Her hobbies include reading and writing, travel, and eating Italian and Malaysian food. Associate Editors Ronald D. Graybill Malcolm J. Bull graduated from Avondale College with a B.A. in La Sierra University Theology. Having served for a year as the island's pastor, his knowledge Gary Land Sorry, of Pitcairn comes first-hand. He has also ministered in New Zealand, and since Andrews University photo not January of 1993 he has been the minister of the Moree, New South Wales, available church. His wife, Glenysie Evelyn, hails from New Zealand, and they have Guest Editor four children. Arthur N. Patrick Sydney Adventist Hospital Managing Editor Ella Lenona Coombs lives with her husband, Glen, at Balcolyn, New Norman D. Ault, Jr. South Wales, on the shores of Lake Macquarie. As a granddaughter of La Sierra University Maud Sisley Boyd, she has taken a keen interest in the early pioneer history of Avondale College. Her husband worked as a government land Editorial Intern evaluator, and Ella made a lifetime career of primary school teaching. -
Norfolk Island Article
The Pitcairn- by Steve Pendleton itcairn Island in the P acifi c Ocean is one of the most storied isles in the wo rld. Th ousands of Pbooks and articles have been written about it. Th is is due primarily not only to its isolation but to the origin of its people: they are descendants of the famous crew of the HMAV Bounty, led by Fletcher Christian. Besides being far away from pretty much everything, Pitcairn has another major problem. It is tiny, with only two square miles of land, much of which is quite hilly. Several times in its history, this has meant that the popu- lation has had to leave, because the land could no longer support them. Today there are perhaps only fi ft y or so people living on the island at any one time. Pitcairners have fared forth throughout the world — establishing large colonies in New Zealand, in particular. However, there’s one place tha t has r eceived and sheltered Pitcairn families more than any other — Nor- folk Island. Th is island is also small, but at fi ve by three miles is a bit larger than the ancestral home. It lies be- tween Australia and New Zealand, and so is thousands of miles away from Pitcairn. Nevertheless, even today, at least half of its population of several thousand are de- scended from mutineer ancestors. Th is is the st ory of a uniq ue connection — s ome- times very tenuous — between two groups of kinsmen. It’s a connection sometimes maintained, very loosely, by the mail. -
The Legal History of Pitcairn Island, 1900-2010
LAW IN ISOLATION: THE LEGAL HISTORY OF PITCAIRN ISLAND, 1900-2010 Michael 0. Eshleman* I. THE WESTERN PACIFIC HIGH COMMISSION, 1898-1952..............22 II. CLAIMING ISLANDS: 1902 ............................... 23 III. IN WITH THE OLD: 1904.................................24 IV. NEILL'S DRAFT: 1937 ..................... ..... ......... 28 V. H.E. MAUDE: 1940-41 .................................. 30 VI. POST-WAR: 1952......................................36 VII. CONTINUED NEGLECT: 1950s ............................. 38 VIII. REENACTMENTS: 1960S....................... .......... 41 IX. You CAN'T GET THERE FROM HERE, 1960s To DATE.................43 X. FIJI INDEPENDENCE: 1970 ........................... 47 XI. RAPE INVESTIGATIONS: 1996.............................51 XII. THE GROWING STATUTE BOOK: 2000s............ .......... 55 XIII. RAPE PROSECUTIONS: 2003-06 .................... ...... 59 XIV. CONSTITUTION: 2010 ..................... ...... ........ 67 XV. THE NEXT STEPS ........................................ 69 XVI. A NOTE ON SOURCES .................................... 70 "Mis-ter Chris-tian!" is a bark echoing through the decades, a byword for insubordination, thanks to Charles Laughton's signature-and quite fanciful-performance as Captain William Bligh, R.N., commander of the Royal Navy's Bounty.' Her crew had just enjoyed seven months of leisure * Member of the Ohio Bar. J.D., University of Dayton School of Law; B.A. McMicken College of Arts & Sciences, University of Cincinnati. Former law clerk to Hon. Stephen A. Wolaver, Greene County Court of Common Pleas, Xenia, Ohio; formerly with Angstman Law Office, Bethel, Alaska. This article complements the Author's related A South Seas State of Nature: The Legal History ofPitcairnIsland, 1790- 1900, 29 UCLA PAC. BAsIN L.J. (forthcoming 2011), and The New Pitcairn Islands Constitution: Plenty of Strong Yet Empty Wordsfor Britain'sSmallest Colony, 24 PACE INT'L L. REv. (forthcoming 2012). 1. MUTINY ON THE BOUNTY (Metro-Goldwyn-Mayer 1935); Charles Laughton, VARIETY, Dec. -
The Legal History of Pitcairn Island, 1790-1900, A
ARTICLES A SOUTH SEAS STATE OF NATURE: THE LEGAL HISTORY OF PITCAIRN ISLAND, 1790-1900 Michael 0. Eshleman* ABSTRACT Pitcairn Island was uninhabited in 1790 when the mutineers of the Royal Navy's Bounty settled there with men and women from Tahiti to serve as slaves and wives for the sailors. Murders and accidents claimed the lives the leader of the mutiny, Fletcher Christian, and those of every adult male save John Adams. Ad- ams led the remaining islanders under a benevolent dictatorship for the rest of his life, a South Seas Christian monarchy cut off from the rest of the world. After the island was rediscovered, new settlers arrived, including a delusional Englishman named Joshua Hill who took over the island and ruled the islanders by fear. Af- ter he was removed by the Royal Navy, it supervised the islandfor decades, its ships regularly visiting the island and its officers writ- ing several simple legal codes for the Pitcairners. The islanders consented as they considered themselves to be English and were fervently loyal to Queen Victoria. The British administrationwas very light for decades, the islanders largely running their own af- fairs. That changed after a Pitcairnermurdered two islanders in 1897. The British realized there was no way to try the defendant short of taking him to London. The solution was to place the is- land under the High Commissioner for the Western Pacific. The High Commissioner was a British official based in Fiji whose job was to bring law and order to a vast swath of the Pacific and sup- press the slave trade among the islands. -
Norfolk Island and the Commonwealth of Australia
An Uneasy Relationship An Uneasy Relationship NORFOLK ISLAND AND THE COMMONWEALTH OF AUSTRALIA Maev O’Collins Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at: http://epress.anu.edu.au/uneasy_relationship _citation.html National Library of Australia Cataloguing-in-Publication Entry Author: O'Collins, Maev. Title: An uneasy relationship : Norfolk Island and the Commonwealth of Australia / Maev O'Collins. ISBN: 9781921666988 (pbk.) 9781921666995 (eBook) Subjects: Norfolk Island--History. Australia--Politics and government. Dewey Number: 994.82 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design by Emily Brissenden Cover photograph: Avenue of Norfolk Island Pines, Norfolk Island, 7/1918. (ML Ref: GPO 1 17840) By permission of Mitchell Library, State Library of New South Wales Inside front and back cover: Map of Norfolk Island showing grants and subdivisions Norfolk Island, Maps, Negatives (47–54) Courtesy of the National Library of Australia Printed by Griffin Press This edition © 2010 ANU E Press First edition © 2002 Pandanus Books iv Patrick McMahon Glynn The inspiration for this story I desire to express to the inhabitants of Norfolk Island the good wishes of the Government of the Commonwealth and of the people of Australia on the occasion of the Island becoming a Territory under the authority of the Commonwealth, in accordance with the provisions of the Act and His Majesty’s Order-in-Council. -
Anne Namoi [Ann Naomi] & Jane Nobbs
1857 – ‘Anne Namoi [Ann Naomi] & Jane Nobbs’ What we see in this image This ¾ length double portrait shows Jane Agnes Nobbs, aged 21, and Ann Naomi Nobbs, aged 19, great-granddaughters of Bounty mutineer, Fletcher Christian. The images is one of a series of photographs of the Pitcairn Islanders taken, following their removal to Norfolk Island in June 1856, at the time of the visit of the Governor-General Sir William Denison in late 1857; the specific circumstances of this quite extraordinary photographic session, on 25 September 1857, are described in a letter from the photographer to the Rev. Thomas Boyes Murray, dated 27 November 1857. In this portrait, Jane Nobbs is seated on the right, with Ann standing on the left. Both sisters wear loose-fitting day dresses of printed cotton made with a square yoke set in across the shoulder line, with a centre front button closure and narrow band collar, over a voluminous front panel gathered into the yoke above the bust to create a cascade of fabric falling to the floor. In a surprising concession to current trends, the ¾ length sleeves are cut in the fashionable ‘pagoda’ shape and the women wear their dark hair in the popular ‘bandeau’ style, with smooth front sections wrapped over their ears and pinned behind into a low bun at the nape of the neck. They also wear a plain or patterned scarf tied around their necks. Perhaps to aid the photographer in achieving sufficient contrast in the image, Jane has draped a plain dark [silk/polished cotton] shawl around her shoulders. -
Expert Report on the Distinctiveness of Norfolk Islander Ethnicity, Culture and the Norf’K Language (Norfolk Island - South Pacific)
EXPERT REPORT ON THE DISTINCTIVENESS OF NORFOLK ISLANDER ETHNICITY, CULTURE AND THE NORF’K LANGUAGE (NORFOLK ISLAND - SOUTH PACIFIC) Professor Peter Mühlhäusler, M.A (Oxon); MPhil., Ph.D. FASSA Executive Summary: Prepared by: Professor Peter Mühlhäusler M.A. (Oxon); M.Phil. ; Ph.D.; F.A.S.S.A. Norfolk Island is Ethnically, Culturally and Linguistically Distinct from Australia. Ethnicity, culture and language of the Anglo-Polynesian-West-Indian Pitcairn descendants came into being on Pitcairn Island in 1790 and were taken by the Pitcairners to Norfolk Island in 1856 where it continued to develop, without Australian input, until the 20th century. Intermarriages with mainland Australians and Australian assimilation policies have not significantly weakened the distinctiveness of the Norfolk Islanders of Pitcairn descent. The literature surveyed as well as field-notes, taken over 21 years, confirm: • The Norfolk Islanders of Pitcairn ancestry remain a genetic isolate; • Anthropometric research suggests significant physiological differences between Norfolk Islanders and Anglo-Australians; • The Norfolk Islanders are distinct from mainland Australians with regard to all parameters that define Ethnicity: homeland, shared ancestry, cultural narrative and cultural core values; • Norfolk Islanders subscribe to a separate Anglo-Polynesian rather than Australian identity. This was strengthened after the Great Depression when Norfolk Islander migrants joined the Polynesian Club in Sydney. Norfolk Island has been a member of a number of Pacific cultural organizations. The Pitcairn homeland and the Pitkern-Norf’k language play a central role in defining the identity of Norfolk Islanders; • The material culture of the Norfolk Islanders combines Tahitian, West Indian and British influences with a large amount of adaptation as well as later influences from American whalers and the High Anglican Melanesian Mission. -
Bounty from the Beach Cross-Cultural and Cross-Disciplinary Essays
THE BOUNTY FROM THE BEACH CROSS-CULTURAL AND CROSS-DISCIPLINARY ESSAYS THE BOUNTY FROM THE BEACH CROSS-CULTURAL AND CROSS-DISCIPLINARY ESSAYS EDITED BY SYLVIE LARGEAUD-ORTEGA PACIFIC SERIES Published by ANU Press The Australian National University Acton ACT 2601, Australia Email: [email protected] Available to download for free at press.anu.edu.au ISBN (print): 9781760462444 ISBN (online): 9781760462451 WorldCat (print): 1057900911 WorldCat (online): 1057900648 DOI: 10.22459/BB.10.2018 This title is published under a Creative Commons Attribution-NonCommercial- NoDerivatives 4.0 International (CC BY-NC-ND 4.0). The full licence terms are available at creativecommons.org/licenses/by-nc-nd/4.0/legalcode Cover design and layout by ANU Press. Cover image: Sylvie Largeaud-Ortega, The Bounty from the Beach, 2018, watercolour. This edition © 2018 ANU Press Contents Acknowledgements . vii List of Illustrations . ix Introduction . 1 Sylvie Largeaud-Ortega 1 . Contextualising the Bounty in Pacific Maritime Culture . 21 Jean-Claude Teriierooiterai 2 . Pitcairn before the Mutineers: Revisiting the Isolation of a Polynesian Island . 67 Guillaume Molle and Aymeric Hermann 3 . Reading the Bodies of the Bounty Mutineers . 95 Rachael Utting 4 . Nordhoff and Hall’s Mutiny on the Bounty: A Piece of Colonial Historical Fiction . 125 Sylvie Largeaud-Ortega 5 . A Ship is Burning: Jack London’s ‘The Seed of McCoy’ (Tales of the Pacific, 1911), or Sailing Away from Pitcairn . 153 Jean-Pierre Naugrette 6 . Brando on the Bounty . 173 Roslyn Jolly and Simon Petch 7 . Bounty Relics: Trading in the Legacy of Myth and Mutiny . 207 Adrian Young Bibliography . 235 Acknowledgements I would like to thank the 2013–14 second-year undergraduate students in Anglophone Pacific Island Studies at the University of French Polynesia (UPF): their enthusiastic contributions to the first Bounty International Festival in Papeete, their keen interest in Pacific history, literature and culture, and their overwhelming kindness first inspired me with this project.