PNGAA LibraryThe murder of Errol John (Jack) Emanuel, GC: Derek Bell |
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Jack Emanuel was awarded the George Cross posthumously for gallantry in the service of the Australian Administration of the Territory of Papua and New Guinea between July 1969 and his death on 19 August 1971. His award was noted in the London Gazette of 1 February 1972. The author of this article, Derek Bell, is now retired and living in Brisbane. He acknowledges input by Harry West, Harry Bryant, Mike Baker and Grev Feeney. Publishers Harper Collins, Pymble, NSW, gave permission to use material from Trevor Shearston’s book A Straight Young Back. Introduction Background To paraphrase the comments on sentencing by the Emanuel trial judge, land to the Tolai is the centre of their existence as a people. From the late nineteenth century there had been gradual encroachment on traditional Tolai lands by German and Australian interests. A recommendation by District Commissioner Bates at Rabaul just after World War Two, that the Administration buy up all run-down plantation land and hand it back to dispossessed Tolais, was vetoed by Canberra. From 1946 onwards the people of the Kabaira area occupied about 120 acres of unused plantation land owned by expatriate interests under a Torrens title. From 1967 there were intermittent attempts to evict the villagers from Kabaira Plantation. The Kabaira villagers continued for six years to seek a solution in their favour from the Land Titles Commission. A 1971 court decision on land at Vunapaladig nearby, made it clear to the Kabaira groups (Rasimen, Volavolo and Melivuan villages, not surprisingly all pro Mataungan) that the courts would not support their claim and their sense of frustration and anger increased. They felt that the courts were denying them protection and that they might lose all their land to a titles system which they did not understand. The leading villagers in the Kabaira area decided to bring their grievances to the notice of the new District Commissioner, Jack Emanuel, who had taken over from Harry West in April. They met with him both in Rabaul and at Kabaira. The Murder Twenty minutes later when Emanuel had not returned, Feeney with two police constables set off down the bush path looking for him. About 120 metres down the track he found the body of Emanuel. He had apparently been stabbed to death. There was no sign of Taupa. The area was deserted. Feeney returned to the main group which was being subjected to stone-throwing by villagers in the bush and on nearby ridges. Police attempted to disperse the villagers using tear smoke. No arrests were made. Reinforcements were called. A police investigation team arrived from Rabaul and examined the scene for evidence. Emanuel’s body was found on the track, lying face up with blood on his clothes and the undergrowth. His glasses were located nearby. Two pieces of a broken rusty Japanese wartime bayonet were found about 30 metres from the body. Emanuel had apparently been stabbed and had walked several paces back down the track before collapsing to the ground. Police mobile squads moving through the area later that day searching for villagers found the Kabaira area almost deserted, with only a few women and children present. Police investigation Road blocks were set up. Taupa’s wife and a road block detainee were questioned and the latter provided useful information which enabled a suspect list to be commenced. Next day at 4.00 am large scale raids were carried out on three Kabaira villages. Taupa was arrested at 7.30 am walking to the airport to catch a flight to Port Moresby. Five witnesses from Kabaira were interviewed. The suspect list grew to 41. Taupa named a young man Anton Tovaliria as the killer of Emanuel. Early next morning a wider search of the area netted 26 witnesses and suspects, including Tovaliria. The suspect list was now 120. It was apparent that the murder was part of an orchestrated plan. The small police investigation team was in danger of being swamped by the numbers involved. Taupa and Tovaliria were interviewed by the team of Baker and Bryant, and charged with murder. Seventeen men were charged with riotous behaviour. An investigation master plan was used to keep track of witnesses, suspects and arrested men. It held details of suspects’ whereabouts on the day and their knowledge of planned events. As witnesses and suspects were interviewed the plan was enlarged and became the basis for further investigations, arrests, interviews and charges. On succeeding days over the next six weeks arrests were made, interviews conducted, charges laid, and appearances made in court. Search warrants were taken out and executed on the offices of the MA and the home of the Kabaira MA Councillor Joseph Togigie. Early interviews were held at Livuan Police Station, a temporary operations post halfway between Rabaul and Kabaira. After a week the centre of operations moved to Rabaul. The interviews revealed that a plan to kill Emanuel was discussed at late night meetings of Kabaira area leaders in the two weeks leading up to 19 August. Taupa was the driving force behind the plan. He argued that the government was ignoring their land grievances and it was necessary to highlight them by killing a “big man”. Taupa chose Emanuel as the victim and Tovaliria as the assassin. The plan, known only to a group of village elders, called for a trespass by large numbers of villagers on to Kabaira Plantation land to induce intervention by the District Commissioner. (This action earlier, on 11 August, had resulted in Emanuel attending the scene with a large contingent of police, and the eviction of the villagers). Taupa was confident that he could separate Emanuel from the main police party and persuade him to accompany him alone down a bush track to a spot where Tovaliria, hidden behind a tree, could stab him to death. And so it unfolded, exactly as planned. By the end of the investigation 150 men had been interviewed, 45 records of interview had been obtained, 21 men were charged with murder and 45 charged with riotous behaviour. The records of interview were conducted by officers in Kuanua, Pidgin and English, using police constables as Kuanua interpreters where possible. The records were typed in Pidgin by the officers conducting the interview. The Deputy Crown Solicitor’s office was consulted on the evidence and the charges early in the investigation. It sought additional information from time to time and gave advice to the team in the lead up to the committal proceedings in the Magistrates Court. Thirteen of the men charged with murder, including Taupa and Tovaliria, were committed for trial in the Supreme Court. It was proposed that the remaining eight would be tried after the completion of the main trial. The trial Chief Justice Minogue in his Reasons for Judgment said: “It can safely be said that in the administration of criminal justice in this country never has a criminal charge been the subject of such thorough and exhaustive investigation as the charge against 13 men who were arraigned before the Court on 3 February last.” As the Crown cases had little forensic evidence, they rested heavily on the confessions of the accused, as recorded in their interviews by police. Each of these was challenged by their counsel and was the subject of a voir dire, or “search for the truth”, to determine if that evidence should be admitted. This sometimes required the police witnesses to be examined in the witness box over several days. Officers particularly targeted were Sub-Inspectors Baker and Bryant, who had interviewed Taupa and Tovaliria, the former on three separate occasions, as his first two interviews were assessed as untruthful in the light of the evidence of other witnesses. Defence counsel went to great lengths to destroy the credibility of police witnesses in their efforts to have the confessions thrown out. Each facet of the investigation was placed under a magnifying glass. Minute procedural errors by the investigation team assumed Dreyfus-like proportions in the hard light of the courtroom and in the press reports. The duration and intensity of the trial had an effect on the health of Chief Justice Minogue. After a trial of five months the Chief Justice found Taupa and Tovaliria guilty, and sentenced them to 14 years and 11 years respectively. Three conspirators were sentenced to shorter sentences, and eight were acquitted. Discussion Shearston also interviewed leaders of the MA, Daniel Rumet, Damien Kereku, Melchior Tomot and John Kaputin. Oscar Tammur was sick and refused to talk to him. Rumet denied that the MA had any involvement in the murder. He said that the MA executive knew of Emanuel’s nocturnal wanderings alone around the Gazelle shoring up support for the Multi Racial Council and attempting to weaken that for the MA. He said if they had wished to kill him they could have done so with minimal risk of detection at night, and would hardly have planned to entice him away from a heavy police guard at a plantation land dispute. Kereku claimed that Emanuel as District Commissioner was worth more to the MA alive than dead, as his Port Moresby inspired eviction tactics pushed more and more Tolais into the MA camp. What is certain is that Kabaira was a Mataungan area and its MA councillor and tax collector Joseph Togigie was involved in discussions with the Administration on the plantation land dispute there. There was evidence from the records of interview of co-accused and suspects, that Togigie was prominent and supportive at two meetings held by Taupa to plan the killing. This was sufficient for Togigie to be charged with wilful murder and be committed for trial. After the main trial the Crown elected, for a range of reasons, not to proceed with Togigie and seven others, so his case was never tested. Conclusion |