User:MinorProphet/Judicial Commissioner

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History

Chief Justice of the Kingdom of Fiji (1872–1874)

The first Chief Justice of the Fiji was appointed by King Cakobau during the short-lived Kingdom of Fiji.

1872–1874: Sir Charles James Herbert de Courcy St. Julian ^[1] (died in office 27 November 1874, a few weeks after Fiji's annexation by Britain.)

Chief Justice of the Colony of Fiji (1875–1877)

Fiji was annexed (somewhat unwillingly) by Great Britain on 10 October 1874, and the Colony of Fiji was established under the provisions of the Pacific Islanders Protection Acts of 1872 and 1875, which sought to bring the rule of law to British subjects who were engaged in blackbirding to supply labour for the European-run cotton plantations in Fiji.

1875–1876 Sir William Hackett (judge) ^[2]^[3]

1876–1877 Sir John Gorrie ^[4]^[5]

Chief Justice of Fiji and Chief Judicial Commissioner for the Western Pacific (1877–1961)

The British Western Pacific Territories were established by the Western Pacific Orders-in-Council 1877 (amended in 1879 and 1880), and by the Pacific Order-in-Council 1893.^{[note 1]}

The functions of the monarch as head of state were exercised by a High Commissioner of the Western Pacific, who was also ex officio the Governor of Fiji (after 1953, the Governor of the Solomon Islands). The High Commission provided a justice system for the entire region, whose senior judge was the Chief Justice of the High Commissioner's Court, otherwise known as the Chief Judicial Commissioner of the Western Pacific. The post was held ex officio by the Chief Justice of Fiji. Appeals lay to the Privy Council in London.

1877–1882 Sir John Gorrie

1882–1885 Sir Henry Thomas Wrenfordsley.^[6]^[7]^[8] This somewhat difficult man only served eight months in the job and took sick leave in early 1884.

1885–1889 Sir Fielding Clarke (acting 1882 and 1884–1885)

1889–1902 Sir Henry Spencer Hardtman Berkeley^[9]^[10]^[11]^[12]

1902–1914 Sir Charles Henry Major^[13]^[14]^[15]^[16]^[17]

1910–1911 (acting) Albert Ehrhardt ^[18]

1914–1922 Sir Charles Simon Davson ^[19]^[20] ^[21]^[22]^[23]

1922–1923 (acting) Kenneth James Muir MacKenzie ^[24]^[25]

1923–1929 Sir Alfred Karney Young, KC

1929–1936 Capt. Sir Maxwell Maxwell-Anderson, CBE, KC RN (retd.)

1936–1942 Owen Cecil Kirkpatrick Corrie MC^[26]

Between 1942–1945 the High Commission was suspended by military administration during the War in the Pacific.

1945–1949 Sir Claud Ramsey Wilmot Seton, MC^[27]^[28]^[29]

1949–1953 Sir James Beveridge Thomson

In 1953, Fiji and Tonga separated from the High Commission as a prelude to full independence, and the High Commission offices were transferred to Honiara on Guadalcanal, Solomon Islands. The office of High Commissioner was separated from that of the Governor of Fiji, although the High Commissioner's Court continued to sit in Suva, and the Chief Justice of Fiji remained the Chief Judicial Commissioner of the Western Pacific.

1953–1958 Sir Ragnar Hyne^[30]^[31]^[32]^[33]^[34]

1958–1962 Sir Albert George Lowe, last judge to hold both titles. ^[35]

Chief Justices of Fiji since 1962

After 1961 the High Court's functions began to be transferred to the increasingly independent island states under the provisions of Western Pacific (Courts) Order in Council, 1961.^[36] The Judicial Commissioner for the Western Pacific became Chief Justice of the High Court of the Western Pacific, and removed from Fiji to join the rest of the High Commission in the Solomon Islands. The position was separated from that of the Chief Justice of Fiji.^[37]

Although no longer connected with the British High Commission, the position of Chief Justice of Fiji continued to be filled by judges from Britain, Australia and New Zealand.

1962–1963 Colonel John Levy Macduff, MC (died in office)^[38]^[39]^[40]

1963 Clifford Hammett (acting CJ)^[41]

1964–1967 Richard Hugh Mills-Owens^[42]^[43]

Fiji gained independence on 10 October 1970.

1967–1972 Sir Clifford James Hammett^[44]^[45]^[46]^[47]

1972–1974 Sir John Angus Nimmo, CBE^[48]^[49]

1974–1980 Sir Clifford Harry Grant^[50]^[51]^[52]^[53]^[54]^[55]^[56]^[57]

In 1976 the High Commission of the Western Pacific was abolished, the last archives being finally packed up in Honiara in August 1978.^[58]

1980–2002 Sir Timoci Tuivaga^[59]

2002–2008 Daniel Fatiaki (on leave after 2006 following the 2006 Fijian coup d'état

2008 - present Anthony Gates

Chief Justice of the High Court of the Western Pacific (1962–1976)

In 1961 the High Court's functions began to be transferred to the increasingly independent island states under the provisions of Western Pacific (Courts) Order in Council, 1961.^[36] The Judicial Commissioner for the Western Pacific became Chief Justice of the High Court of the Western Pacific, and removed from Fiji to join the rest of the High Commission in the Solomon Islands. The position was separated from that of the Chief Justice of Fiji.^[37]

1962–1963 Geoffrey Gould Briggs^[60]

1963–1967 Lieutenant-Commander Sir Jocelyn Bodilly, R.N.V.R., V.R.D^[61]^[62]^[63]^[64]^[65]

1967–1973 vacant?

1973 Sir Dermot Renn Davis was appointed Judge of the High Court of the Western Pacific and as British Judge of the Joint Court of the Condominium of the New Hebrides.^[66]

Most of the island groups had gained some form of independence by 1971. On 2 January 1976 after nearly all had been given separate statehood, the office of High Commissioner and the entity of the Pacific Territories were abolished. Its only remnant was the High Court of the Western Pacific, and between 1978-1980 the former territories gained full independence.^[67]

The relative lack of a trained judiciary and lawyers in the smaller countries meant that Britain (and later Australia and New Zealand) continued to supply members of the legal profession after independence. The only High Court for some island states was the High Court of the Western Pacific in Fiji and, as late as the seventies, their Court of Appeal was the Fiji Court of Appeal.^[37]

Other officials appointed Judicial Commissioner

1883–1887 George Ruthven Le Hunte A Judicial Commissioner W. Pacific only ^[68]^[69]

1897 ? Hamilton Hunter^[70]

1899 - 1909 Lt-Col. W. E. Gudgeon, Chief Justice and Deputy Commissioner, Cook Islands ^[71]^[72]

1912 - 1916 Henry Eugene Walter Grant KCMG, (1855-1934). (Not to be confused with Sir Henry Grant, Governor of Malta 1907-1909)^[73]^[74]

1930 Henry Harrison Vaskess, Colonial Secretary to the HC^[75]^[76]

Up to Dec. 1960 John Geoffrey Fearnley Scarr (a JC WP until Dec. 1960) ^[77]

Sir Moti Tikaram was never officially Chief Justice of Fiji, although he was acting CJ 20 times...

References

Notes

^
" B. (1.) The Chief Justice and every other judge for the time being of the Supreme Court, shall be, by virtue of his office, a Judicial Commissioner for the Western Pacific for the purposes of this Order, and is in this Order referred
to as a Judicial Commissioner.

(2.) Where, in the opinion of the High Commissioner, the attendance of a Judicial Commissioner holding office as aforesaid is impracticable, or would be inconvenient, the High Commissioner may from time to time in the name and on behalf of Her Majesty, by writing under his hand and seal, appoint a person of
legal knowledge and experience to be a Judicial Commissioner for particular purposes or for a particular time." London Gazette, 8 September 1893 (26439, pp. 5119-5121)

Citations

^ Australian Dictionary of Biography
^ Appointment as CJ London Gazette, 23 April 1875
^ The Irish Canadian, 13 June 1877 Died in Colombo of cholera 1877
^ Brereton 1997, p. 104.
^ Cooper, Charles Alfred (1896) An editor's retrospect; fifty years of newspaper work p. 147
^ London Gazette, 19 June, 1883
^ Australian Dictionary of Biography
^ Bennett, John Michael. Sir Henry Wrenfordsley: Second Chief Justice of Western Australia, 1880-1883
^ Knighthood for Chief Justice of Fiji and Chief Judicial Commissioner for the Western Pacific Knighthood for Berkeley
^ 'The Times' 2 October 1918: 30 September 1918, death of Sir Henry Spencer Berkeley, 3rd son of Thomas Berkeley Hardtman-Berkeley
^ Dictionary of Australasian Biography
^ Family tree at RootsWeb
^ Replaced Berkeley in 1902 The Otago Witness, 13 August 1902
^ Knighted June 1911, still CJ, W. Pacific
^ Sir Charles Major biog. Chief Justice of Fiji and Chief Judicial Commissioner for the W. Pacific 1902-14 (maybe 1902-11) and M.E.C.(possibly HC=High Commissioner) of Fiji 1905-14
^ Announcement as CJ, British Guiana The Edinburgh Gazette, 29 September, 1914
^ This source says that Albert Ehrhardt, the Attorney-General, was acting as JCWP in October 1910 (p.148) and that Charles Major "had returned to his substantive position as JCWP" by August 1911 (p.153) (Lavaka 1981, pp. 148, 153)
^ Ehrhardt was also Attorney General 1903-1914. Charles Major seems to have been doing something else.(Lavaka 1981, pp. 148)
^ (1857-1933) Charles Davson: called to the Bar at the Middle Temple in 1881. Joined the Bar of British Guiana in 1882. Solicitor General, 1898. Appointed Puisne Judge of Mauritius in 1905; Chief Justice of Fiji and Chief Judicial Commissioner for Western Pacific in 1914. Knighted 1917.
^ The Times 13 February 1917, p. 6
^ Died Nov 6 1933
^ Stewart's Handbook of the Pacific p. 90
^ Daley 1996, p. 114.
^ His surname was Muir Mackenzie
^ Acting Chief Justice (Fiji) between 1922 and 1923
^ He was appointed Chief Justice of Fiji and Chief Judicial Commissioner for the Western Pacific. Tuesday 25 February 1936 Corrie
^ definite dates of office
^ Biography
^ By May 1950 Seton was chairing a judicial inquiry in Kenya Kenya Gazette, May 9 1950
^ CJ Tonga & Solomon Islands, a Judicial Commissioner 1930 Burra Record 18 June 1930
^ Knighted 1956 London Gazette 10 February 1956 p. 825
^ V. brief biog. His father's surname was Hein.
^ Notice of death, Sydney Morning Herald 6 October 1966
^ Picture of Hyne in judge's wig & robe
^ Christie's sale of medals with biog.
^ ^a ^b Care & Paterson 2007, p. 15.
^ ^a ^b ^c Justice Gordon Ward (2005)Achieving effective legal representation in small Pacific island Commonwealth States. Commonwealth Law Conference, London, September 2005 Cite error: The named reference "Ward" was defined multiple times with different content (see the help page).
^ (was PJ Kenya) London Gazette 27 February 1962 p. 1682
^ Captain MacDuff,Col J. L. MacDuff, MC, m.i.d.; born Wellington, NZ, 11 Dec 1905; barrister and solicitor; CO 27 (MG) Bn Sep 1943–Feb 1944; 25 Bn Mar–Jun 1944; Adv Base, 2 NZEF, Jun–Jul 1944; Chief Justice, Fiji; died Suva, 11 Jul 1963. Official History of New Zealand in the Second World War 1939–45 There is also an ordinary web page...
^ Auckland War Memorial Museum, Cenotaph database
^ “Fiji Law Reports” 9 FLR 129 (23 August 1963)
^ Mr Mills-Owens, Puisine Judge, Hong Kong, has been appointed Chief Justice of Fiji, the Colonial Office announced today Mr. Mills-Owens is 54. The Straits Times, 18 March 1964
^ Temp. Sub Lts. transferred to Permanent R.N.R,, in rank of Sub Lt. with seny. as stated: R. J. E. H. MILLS-OWENS, B.A. 9th Dec. 1957 London Gazette, 31 January 1961
^ Clifford James Hammett, judge: born 8 June 1917; Magistrate, Nigeria 1946-52; called to the Bar, Middle Temple 1948; Senior Magistrate, Fiji 1954, Puisne Judge 1955, Chief Justice, Fiji 1967-72, Acting Governor General 1971; conjoint Chief Justice of Tonga 1956-68; Kt 1969; Regional Legal Adviser with British Development Division in the Caribbean 1975-92; married 1946 Olive Applebee (four sons, one daughter); died Henham, Essex 28 June 1999.Obituary, Independent Friday 09 July 1999
^ Knighted on board Britannia 5 March 1970, approved June 1969 London Gazette 23 April 1970 p. 4579
^ Private papers of Sir Clifford Hammett, Imperial War Museum
^ Puisne Judge, Fiji: The London Gazette, 24 February, 1956
^ The Sydney Morning Herald, 16 July, 1980
^ Biography, Northern Territory official website
^ The List of Notaries Public at judiciaryfiji.org shows that Grant was still CJ in 1980.
^ Full Biography with big picture
^ Burke's Peerage
^ Involvement in politics? 1977
^ LLB Liverpool university in the 1940s
^ London gazette 10 June 1977 Knighted silver Jubilee honours 1977
^ His brother also studied at Liverpool uni.
^ Knighthood, June 1977 7th supplement to The London Gazette, 10 June 1977, p. 7137
^ "Western Pacific High Commission". Ameliapedia. TIGHAR. Retrieved 19 November 2013.
^ Served 31 March 1980–31 July 2002. Reminiscences by Tuivaga of his time as Chief Justice. Legal Lali, 5:2,2 December 2002. Retrieved 19 November 2013.
^ April 1962. The QUEEN has been pleased to give directions for the appointment of Geoffrey Gould Briggs, Esq., Puisne Judge, Unified Judiciary of Sarawak, North Borneo and Brunei, to be Chief Justice designate to the High Court of the Western Pacific.
^ Justice Gerard Winter. One South Pacific. One regional court. Three case studies.
^ London Gazette, 4th March 1969 Knighthood
^ Died 27th April 1997 London Gazette Issue 54773, 23 May 1997
^ Van Der Vat, Dan Eel Pie Island with picture
^ He was the grandson of Francis Bodilly, artist and colonial judge. He married Phyllis Maureen Gotch, also an artist. His grandmother was also a Gotch. Cornwall artists index
^ The London Gazette, 15 March 1973, p. 3407
^ Biles 1996, p. 1157.
^ Cambridge library?
^ There is a Le Hunte street in Suva
^ Hunter in Pitcairn Islands history
^ In 1899 the Western Pacific Order in Council, 1893, was amended to allow Gudgeon to be appointed Judicial Commissioner. Gilson, Richard Phillip The Cook Islands, 1820-1950 p. 90
^ Gudgeon, Walter Edward, Encyclopedia of New Zealand
^ Walter Consul for the Friendly Islands 1913
^ London Gazette 1913
^ Supposed Figure of a Woman?: Homosociality in the British Solomon Islands 1880-1940
^ TIGHAR wiki
^ Lond. Gazette Dec 1960

Sources

Biles, John (1996). "Western Pacific Territories". In Olson, James Stuart; Shadle, Robert (eds.). Historical Dictionary of the British Empire, Volume 2. Greenwood Publishing Group. p. 1156-7. ISBN 9780313293672.

Brereton, Bridget (1997). Law, Justice and Empire: The Colonial Career of John Gorrie 1829-1892. University of the West Indies Press. ISBN 9789766400354.

Care, Jennifer Corrin; Paterson, Donald Edgar (2007). Introduction to South Pacific Law (revised, 2nd ed.). Routledge. ISBN 9781845680398.

Daley, Kevin (1996), Communalism and the challenge of Fijian unity (PDF) {{citation}}: Unknown parameter |umi= ignored (help) (D. Phil. dissertation)

Lal, Brij V.; Fortune, Kate (2000). The Pacific Islands: An Encyclopedia. University of Hawaii Press. ISBN 9780824822651.

Lavaka, Penny (1981). "The Tonga Ma'a Tonga Kautaha: a watershed in British-Tongan relations". Pacific Studies. 4 (2, Spring 1981). Institute for Polynesian Studies.