Питкэрн аралындағы сот процесі және сексуалдық зорлық қылмыстары

Trial of seven men living on Pitcairn Island

In 2004, seven men living on Pitcairn Island faced 55 charges relating to sexual offences against children and young adults. The accused represented a third of the island's male population and included Steve Christian, the mayor. On 24 October, all but one of the defendants were found guilty on at least some of the charges. Another six men living abroad, including Shawn Christian, who later served as mayor of Pitcairn, were tried on 41 charges in a separate trial in Auckland, New Zealand, in 2005. The trial was repeatedly punctuated by legal challenges from island residents, who denied the island's colonial status, and with it the United Kingdom's judicial authority. Defence lawyers for the seven accused men claimed that British sovereignty over the islands was unconstitutional: HMS Bounty mutineers, from whom almost all of the current island population is descended (together with Polynesians), had effectively renounced their British citizenship by committing a capital offence in the burning of the Bounty in 1790, they said. According to the Public Defender of the Pitcairn Islands Paul Dacre (who was appointed in 2003), islanders still celebrated this act annually by burning an effigy of the Bounty in a symbolic rejection of British rule. The defence maintained that the UK never made a formal claim to Pitcairn, and never officially informed the islanders that British legislation, such as the Sexual Offences Act 1956, was applicable to them. In a judgment delivered on 18 April 2004, the Pitcairn Supreme Court (specially established for the purpose of the trial, consisting of New Zealand judges authorised by the British government) rejected the claim that Pitcairn was not British territory. This decision was upheld in August 2004 by the Pitcairn Court of Appeal, endorsing the claim of Deputy Governor Matthew Forbes that Pitcairn was British territory. A delay of the trial until the United Kingdom's Judicial Committee of the Privy Council (JCPC) decided on an additional appeal was rejected. The trial started on 30 September 2004. Verdicts were delivered on 24 October 2004, with all but one of the defendants convicted on at least some of the charges they were facing. Those found guilty were sentenced on 29 October 2004.

The remoteness of Pitcairn (which lies about halfway between New Zealand and Peru) had shielded the tiny population (47 in 2004) from outside scrutiny. The islanders had for many decades tolerated what others classify as sexual promiscuity, even among the very young, claimed to be in line with traditional values of their Polynesian ancestors. This included a corresponding tacit acceptance of behaviour which in the UK would be considered child sexual abuse. Three cases of imprisonment for sex with underage girls were reported in the 1950s. In 1999 Gail Cox, a police officer from Kent, UK serving a temporary assignment on Pitcairn, began uncovering allegations of sexual abuse. When a 15 year old girl decided to press rape charges in 1999, criminal proceedings (code named "Operation Unique") were set in motion. The charges include 21 counts of rape, 41 of indecent assault, and two of gross indecency with a child under 14. Over the following two years, police officers in Australia, New Zealand, and the United Kingdom interviewed every woman who had lived on Pitcairn in the past 20 years, as well as all of the accused men. Pitcairn Public Prosecutor Simon Moore (an Auckland Crown Solicitor who was the first lawyer appointed to the position by the British government for the purposes of the investigation) held the file. Australian Seventh day Adventist pastor Neville Tosen, who spent two years on Pitcairn around the turn of the millennium, said that on his arrival, he had been taken aback by the conduct of the children. But he had not immediately realised what was happening. "I noticed worrying signs such as inexplicable mood swings," he said. "It took me three months to realise they were being abused." Tosen tried to bring the matter before the Island Council (the legislative body which doubles as the island's court), but was rebuffed, and told "the age of consent has always been twelve and it doesn't hurt them." A study of island records confirmed anecdotal evidence that most girls bore their first child between the ages of 12 and 15. "I think the girls were conditioned to accept that it was a man's world and once they turned 12, they were eligible," Tosen said. Mothers and grandmothers were resigned to the situation, telling him that their own childhood experience had been the same; they regarded it as just a part of life on Pitcairn. One grandmother wondered what all the fuss was about. Tosen was convinced, however, that the early sexual experience was very damaging to the girls. "They can't settle or form solid relationships. They did suffer, no doubt about it," he said emphatically. In 2004 the biographer Diana Souhami visited Pitcairn, attempting to travel incognito, but her cover was blown early in her stay. Before she was told to leave the island, she gathered enough material for her next book, Coconut Chaos. As of April 2006, the cost of the trial amounted to NZ$14.1 million.

Pitcairn's 47 inhabitants, almost all of whom are interrelated, were bitterly divided by the charges against what constituted most of the adult male population. Many Pitcairn Island men blamed the British police for persuading the women involved to press charges. Some of the women agreed. Sources close to the case said that several women withdrew their charges due to family pressure. On 28 September 2004, Olive Christian, wife of the accused mayor, daughter of Len Brown and mother of Randy Christian, both of whom were also among those accused, called a meeting of thirteen of the island's women, representing three generations at her home, Big Fence, to "defend" the island's men. Claiming that underage sex had been accepted as a Polynesian tradition since the settlement of the island in 1790, Olive Christian said of her girlhood, "We all thought sex was like food on the table." Carol Warren's two daughters also said that they had both been sexually active from the age of 12, with one of them claiming that she started having sex at 13, "and I felt hot shit about it, too." They and other women present at the meeting, who endorsed their view that underage sex was normal on Pitcairn, stated emphatically that all of the alleged rape victims had been willing participants. Charlene Warren, who withdrew charges against a Pitcairn man, claimed that detectives had offered her money to testify; when pressed, she clarified that the money referred to statutory "compensation for victims of crime."

The trial opened on Pitcairn on 30 September. Four days later on 4 October, a former islander, in a written statement read out by police, alleged that Mayor Steve Christian had raped her twice in 1972 when she was 12, once in bushland and once in a boat moored at Bounty Bay. She said that he used adolescent girls as his personal harem. "Steve seemed to take it upon himself to initiate all the girls, and it was like we were his harem," she stated. She had not informed her parents or others in the community, she said, because she "knew nothing would be done about it because of previous experience on the island." On 8 October, Dave Brown, brother in law to Mayor Steve Christian, pleaded guilty to two charges of indecently assaulting a 14 year old girl in the mid 1980s, and to a charge of molesting a 15 year old girl during a spear fishing trip in 1986. The court listened to an interview recorded on Pitcairn in 2000, in which Brown, when asked if he had been in love, replied to police: "Yes, I was. We got closer and closer," was his view of himself and the 13 year old girl, with whom he had repeated sexual contact over a long period in the mid 1980s. He was then in his early 30s, and married with children. Their first sexual encounter had taken place in undergrowth behind the general store after he met her in the village square. About a month later, they had sex again when they met after swimming. According to Brown's account to police, after the second sexual encounter, the girl had said that she enjoyed the sexual encounters and wanted more of it. Seeing each other more than once a month was difficult, however; greater frequency would make it difficult to keep, what Brown characterised as, an "affair" secret. Despite being confronted by his wife, Lea, and despite being asked by the island's police officer on behalf of the girl's mother to leave her alone, Brown renewed his sexual contacts with the girl after a six month interval. "She didn't want to let go and neither did I," Brown said. The sexual contact continued until the girl left the island at the age of 16. Defence lawyer Allan Roberts claimed that Christian's relationship with the child had been consensual. The girl, who was 20 at the time of the trial, was the one who sparked off the police inquiry four years previously when she told her mother of the abuse she had suffered. Her mother in turn told Gail Cox, the visiting British police officer. That was the first the outside world knew of the prevalence of sexual abuse on Pitcairn. Roberts produced love letters written by the girl before Christian left Pitcairn for Norfolk Island, to support his claim that she had been infatuated with Christian. According to Roberts, this infatuation continued after Christian left the island. He said that in her statement to police, she confessed to "having a crush on Randy even though he is no longer on the island." The controversy over the trial continued. On 26 October 2004, prosecutor Simon Moore told Radio New Zealand that the charges and the verdicts were only the tip of the iceberg, accounting for only one third of the cases police learned about when they began their investigations. He said that more charges were due to be laid involving people now living in Australia and New Zealand, but he declined to provide further details citing "extensive name suppression orders in place." Moore said that some of these victims had indicated an interest in returning to Pitcairn. But, they would have had to be satisfied that justice had been done and that the island was a safe place for their families. Some islanders expressed fears that without the convicted men, there would not be enough who could handle the longboat. Others, less connected with the case, noted that the defendants had prevented other islanders from becoming more skilled at handling the boats. This was another example of the "power and control" problems which existed on the island. Public Defender Paul Dacre called on the court to impose sentences in keeping with the unique circumstances of the island society. "We are talking about 50 people living on a rock, not 50 million in England," he said. Pending sentencing on 27 October, lawyers for the six convicted pleaded for clemency, arguing that it was essential for the survival of the dependency. Only two of the six expressed regret. Dennis Christian e mailed his principal victim to apologize and expressed his "deep remorse," the court was told, and Dave Brown made a statement through his lawyer that he "regretted any distress caused." His father, Len Brown, refused to apologize for his own offences; his lawyer, Allan Roberts, told the court that to do so would be "fraudulent." The Pitcairn Supreme Court handed down sentences tailored, said Chief Justice Charles Blackie, to the unique conditions of Pitcairn Island, on 29 October. Dennis Christian and Dave Brown were sentenced to community service, apparently in recognition of the remorse they had shown at the trial. Mayor Steve Christian, Randy Christian, and Len Brown were all sentenced to prison terms ranging from two to six years. (See the defendants for details.) Elaborating on Chief Justice Blackie's statement, Bryan Nicholson of the British High Commission in New Zealand said, "The penalties were tailored to Pitcairn and take into account the unique isolation, population of less than 50, and the dependence of manpower." None of the sentences were carried out until 2006, pending a ruling by the Privy Council on the legal validity of British sovereignty and judicial authority on Pitcairn. Bryan Nicolson, a spokesman for the British High Commission in New Zealand, announced on 30 October that Governor Richard Fell had formally dismissed Steve Christian from the mayoralty, and his son, Randy, from the chairmanship of the powerful Internal Committee. The dismissal followed Christian's refusal to resign when asked to do so by Deputy Governor Matthew Forbes. Christian's conviction and dismissal left the islanders with a power vacuum. On 8 November 2004, the Island Council named Christian's sister, Brenda, interim mayor pending elections scheduled for 15 December 2004. The position was won by Jay Warren. Brian Michael John Young was found guilty in January 2007 of rape and indecent assault. In December, he was sentenced to six years and six months in prison. He was ordered to be transported to Pitcairn to serve out his sentence.

The six convicts began their appeal in the Pitcairn Supreme Court, in Papakura, New Zealand, on 18 April 2005. Defence lawyers argued that as Pitcairn's colonial rulers had never enforced British law, the six men convicted of sex crimes could not have known that their acts were illegal, a claim rejected as "extraordinary" by public prosecutor Simon Moore. If true, he said, Pitcairn had been "a zone of criminal immunity", an enclave where serious crimes could be committed with impunity. The proceedings were relayed live to the Adamstown courthouse, on Pitcairn, by a video linkup. About twenty locals, including the accused, watched the hearing. Crown prosecutors produced numerous old documents to refute the defence that British law had never been enforced on Pitcairn, or that the Pitcairners had never known that they were subject to it. According to the documents, the islanders had, over a period of many years, sought British advice and intervention in cases related to adultery, abortion, kleptomania, attempted murder (including a 1936 case in which a husband and wife tried to kill each other), and the theft of women's underwear. Crown Prosecutor Simon Mount said the charges had been referred to British authorities because they were too serious to be dealt with locally, and proved that Pitcairners were fully aware of British law and of its applicability to them. Betty Christian, the Island Secretary, broke ranks with many of her fellow Pitcairners, testifying at the Pitcairn Supreme Court hearing in Papakura that the islanders were aware that they were British subjects and that British law was applicable to them. She also flatly contradicted the defence that sexual activity at a young age was considered "normal" on Pitcairn, saying that Pitcairn's values were no different from those of any other modern society. On 24 May 2005, the Auckland court rejected the appeal of the six convicted men. It carried over their bail until their further appeal could be heard by the Judicial Committee of the Privy Council, in 2006. Former Pitcairn resident Shawn Christian, 29, then living in Australia, announced a legal challenge to the validity of New Zealand lawyers' and judges' participation in a trial in a British colony on 27 November 2005. Christian appeared to have the support of others awaiting trial. Shawn Christian, whose alleged offences (three rapes) are said to have happened between 1994 and 1996, is the younger son of former Mayor Steve Christian. An additional appeal brought by the Public Defender was heard by the Court of Appeal on 31 January 2006. The basis of the appeal was the validity of the laws applied to the accused, with the defence arguing that British law had not been ratified on Pitcairn. "We are arguing whether the English legal system applies to these people. That is it in a nutshell," defence lawyer Allan Roberts said. The Pitcairn Court of Appeal dismissed this claim. Randall Christian's appeal against conviction of indecent assault of a girl aged under 13 was upheld, but that decision did not affect his sentence of six years on other charges. The men appealed to the Judicial Committee of the Privy Council in London. The Privy Council terminated the appeal abruptly in July 2006, saying that the argument that Pitcairn has always been self governing was unrealistic. The final appeals for all six men failed on 30 October 2006.