HIGH COURT BUILDING; BRITISH AND RHODESIAN FLAGS; DAVIES ARRIVING, ENTERING COURT; LARDNER-BURKE ARRIVING; NEWS PLACARD "QUEEN'S OFFER REJECTED"




Initials ERW/VS/JH/PF



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Background: A RHODESIAN HIGH COURT JUDGE, MR. JUSTICE H.E. DAVIES, YESTERDAY (FRIDAY) RULED THAT THE RHODESIAN INDEPENDENCE GOVERNMENT WAS LEGAL, COMPLETELY REVERSING A PRIVY COUNCIL RULING IN LONDON THAT THE SALISBURY GOVERNMENT WAS UNLAWFUL. MR. DAVIES MADE HIS RULING IN IMPOSING MANDATORY DEATH SENTENCES ON 32 AFRICANS, ACCUSED OF POSSESSING WAR WEAPONS.

IN PASSING SENTENCE, MR. JUSTICE DAVIES SAID THAT HIS COURT WAS NOT BOUND BY THE PRIVY COUNCIL RULING. HE FOUND THAT THE COURT SAT "BY VIRTUE OF ITS AUTHORITY DERIVED FROM RECOGNITION BY THE GOVERNMENT IN TERMS OF THE 1965 (POST-U.D.I.) CONSTITUTION" HOWEVER, HE STRESSED THAT HIS RULING WAS A PERSONAL VIEW AND GRANTED A DEFENCE REQUEST TO REFER IT TO THE COURT'S APPELLATE DIVISION.

BEFORE THIS OCCURS THE NINE HIGH COURT JUDGES WILL DECIDE WHETHER THEY SUPPORT THE RHODESIAN GOVERNMENT OR THE AUTHORITY OF THE PRIVY COUNCIL. AT LEAST ONE OF THEM, MR. JUSTICE DENDY YOUNG, MAY RESIGN. THE NINE JUDGES MET TODAY (SATURDAY) TO CONSIDER THEIR PERSONAL POSITIONS.

WHEN JUSTICE DAVIES PASSED SENTENCE, THE 32 AFRICANS, SITTING IN TWO ROWS BEHIND THE DOCK IN THE HEAVILY GUARDED COURT. STARTED CHANTING IN THEIR LANGUAGE. THEY CONTINUED SINGING AS THEY WERE LED FROM THE COURT.

BEFORE SENTENCE, SOME OF THE ACCUSED SAID THEY WERE FREEDOM FIGHTERS FOR A GOVERNMENT OF THE PEOPLE BY THE PEOPLE OF RHODESIA. ONE SAID HE WAS GOING TO DIE FOR A JUST CAUSE.