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Pitcairn was never British, rape case court told
Telegraoh ^
| 19/11/2003
| Paul Chapman in Wellington
Posted on 11/24/2003 5:53:36 PM PST by 11th_VA
Pitcairn, the South Pacific home of the descendants of the Bounty mutineers, has never been British territory and is instead the world's smallest and most isolated independent nation, a court was told yesterday.
When the Royal Navy ship Swallow sighted the island in 1767 it sailed straight past and did not claim sovereignty, pausing only to name the outcrop after the midshipman who spotted it, Paul Dacre told the Pitcairn supreme court. "No attempt was made to claim the island on behalf of the monarch," he said.
Mr Dacre, defending 13 islanders accused of rape and indecent assault, is arguing that the legal process, under the Pitcairn Island Ordinances, which essentially extend English law overseas, is invalid.
The court is sitting in a suburb of Auckland declared to be Pitcairn territory for the proceedings.
Fletcher Christian and his fellow mutineers, as fugitives from justice, never intended that their remote haven should come under British rule, Mr Dacre added.
Christian and his men set fire to the Bounty and destroyed it, "the most decisive act any group of people could take against the English Government. By burning a British warship, more particularly an armed vessel, the mutineers committed a felony punishable by death.
"In burning the Bounty, those persons on Pitcairn Island cut irrevocably, and severed, their ties with the United Kingdom."
Mr Dacre said the British Settlements Act of 1887, by which Pitcairn was declared a British possession, applied only to territories where there was "no civilised government" and which were also the Crown's "possession acquired by settlement".
Neither fact applied, he argued, and the islanders had already set up their own constitution in 1838. As an indigenous people, they should be left to deal with the allegations under their own rules and regulations.
The case continues today.
TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Foreign Affairs; News/Current Events; United Kingdom
KEYWORDS: pitcairnisland
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What a defense ...
1
posted on
11/24/2003 5:53:38 PM PST
by
11th_VA
To: 11th_VA
This Mel Gibson fellow causes one heck of a lot of trouble!
To: 11th_VA
Charles Laughton should come back and whip them all for their impertinence to the Crown!
To: 11th_VA
" . . . the British Settlements Act of 1887, by which Pitcairn was declared a British possession, applied only to territories where there was "no civilised government" and which were also the Crown's "possession acquired by settlement". Neither fact applied, he argued, and the islanders had already set up their own constitution in 1838."
Having their own government isn't good enough. It had to have been civilized Government, and I guess the Brits didn't consider theirs to be civilized. After all it was founded by mutineer's and teh descendants of mutineers.
4
posted on
11/24/2003 5:57:36 PM PST
by
BenLurkin
(Socialism is Slavery)
To: Kenny Bunk
Re:
This Mel Gibson fellow causes one heck of a lot of trouble! Yep. Go Mel!
5
posted on
11/24/2003 5:58:06 PM PST
by
sonofatpatcher2
(Love, Smokes & a .45-- What more could you want, campers? };^)
To: KellyAdmirer
BTW, reading "Men Against The Sea" leaves teh reader with a very different impression of Captain Bligh.
6
posted on
11/24/2003 6:00:53 PM PST
by
BenLurkin
(Socialism is Slavery)
To: 11th_VA
How do I apply for duel citizenship?
To: 11th_VA
When the Royal Navy ship Swallow sighted the island in 1767...,,, something you may not know - that ship wasn't named after a bird. There's navies and there's navies.
To: BenLurkin
Anyone who can navigate an open scow over a thousand+ miles has my respect.
9
posted on
11/24/2003 6:06:54 PM PST
by
1rudeboy
Although it wasn't a scow; I cannot keep my naval terms together . . . .
10
posted on
11/24/2003 6:09:56 PM PST
by
1rudeboy
To: PoorMuttly
,,, rum, bum and bickie BUMP.
To: shaggy eel
How'd that song go that Gilda Radner
sang on SNL to the tune of "I will Folllow Him"?
12
posted on
11/24/2003 6:13:24 PM PST
by
BenLurkin
(Socialism is Slavery)
To: Walkingfeather
How do I apply for duel citizenship?1. Go to Pitcairn Island.
2. Find the official in charge of citizenship.
3. Challenge him, take ten paces, turn, and fire.
13
posted on
11/24/2003 6:14:44 PM PST
by
Poohbah
("Beware the fury of a patient man" -- John Dryden)
To: 11th_VA
I seem to remember the people on that island complaining that they did not get enough welfare payments from England. If they keep this up, it will soon go to zero.
To: BenLurkin
,,, haven't got the slightest idea. I know the original that you're talking about but the modified one I'd love to learn!
To: Walkingfeather
How do I apply for duel citizenship?With a sword or pistol, I would presume.
16
posted on
11/24/2003 6:16:02 PM PST
by
templar
To: templar
Ha ha, beat ya to it! (c8
17
posted on
11/24/2003 6:16:31 PM PST
by
Poohbah
("Beware the fury of a patient man" -- John Dryden)
18
posted on
11/24/2003 6:19:40 PM PST
by
Consort
To: 11th_VA
Isn't the main industry of Pitcairn Island, Pitcairn Island postage stamps?
19
posted on
11/24/2003 6:21:09 PM PST
by
PJ-Comix
(PJ's Overall Philosophy Neatly Explains Everything In The Universe In A Tidy Little Package)
To: shaggy eel
It includes the word "swallow".
20
posted on
11/24/2003 6:25:19 PM PST
by
BenLurkin
(Socialism is Slavery)
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