Pitcairn rape accused could go free even if convicted

By KATHY MARKS on Pitcairn Island

The seven men on trial for allegedly abusing and raping children on Pitcairn Island will be freed into the community for at least three months even if convicted and given jail sentences next week.

In the latest bizarre twist in the long-running case, the Pitcairn Supreme Court ruled yesterday that the men, if convicted and sentenced, will remain free on bail until it rules on a legal argument about whether British law was ever properly notified on the island.

The argument was supposed to be heard this week, after completion of the evidence, but lawyers for both sides now say they want to wait until the court returns to Auckland, to give them time to gather extensive evidence.

The hearing is not expected to take place before next February. Corrections Department officers who were due to arrive on the island next week from New Zealand are expected to be stood down. Pitcairn's new six-cell jail, built by the local workforce - including the seven accused - will remain unoccupied for the foreseeable future.

The only security personnel on the island will be a handful of British Ministry of Defence police officers who have been stationed here since charges were laid last year.

The argument centres on whether Pitcairners were ever aware that they could be prosecuted under laws such as the British Sexual Offences Act of 1956.

Defence lawyers say islanders were never formally told that English legislation applied to Pitcairn.

The case alleging widespread sexual abuse of children dating back 40 years has been punctuated by numerous legal challenges by the men's lawyers. They won a significant victory last week when the Privy Council agreed to hear an appeal on the question of whether Britain has sovereignty over Pitcairn.

The date for that hearing has not yet been set, which means that the defendants - who include Steve Christian, the island's mayor - could remain free even if they lose the first legal argument in Auckland.

Their lawyers claim that Britain has no right to stage the current trials. If they convince the Privy Council, the hearings and their conclusion will be deemed null and void.