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(1975) Nauru Criminal Cases 44
IN THE SUPREME COURT OF NAURU
Criminal Appeals Nos. 23 & 24 of 1975
PETER BENJAMIN & ROMMEL GOGOMA
v
THE REPUBLIC
November 1975
Evidence – the Judges’ Rules to be observed in Nauru.
Evidence – confession made in Nauruan but recorded in English – improper for oral evidence of it to be given.
Evidence – recording in English of confession made in Nauruan through interpreter – improper if interpreter is capable of recording confession in Nauruan.
Appeal against conviction for stealing a motor cycle. The accused made statements, alleged to be confessions, in Nauruan to a Nauruan police officer. He did not record the statements in Nauruan but recorded in writing a translation of them into English made by himself. At the trial he did not tender the written records but gave evidence of them. That was the only evidence implicating the accused in the taking of the motor cycle.
Held:(1) As the English law of evidence is applied to Nauru by the Custom and Adopted Laws Act 1971, the English Judges’ Rules should be observed in Nauru.
(2) In circumstances where a written record in English of a statement alleged to have been made in Nauruan should not be admitted as evidence because it could have been recorded in Nauruan, oral evidence of the statement should not be admitted.
(3) Although it may be proper for the written record in English of a statement made in Nauruan to be admitted where the statement was interpreted from Nauruan into English and the person who recorded it was unable to write Nauruan, a written record should be made in Nauruan by the interpreter if he is capable of writing Nauruan.
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