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Colonial Cases

R v Dali, 1951

[jurisdiction]

R. v. Dali

Consular Court, Tetuan

Bacon C.J., 1951

Source: The Times, 23 May 1951

BRITISH TRIAL IN MOROCCO.

RIGHTS OF GIBRALTAR MAN.

Gibraltar, May 22.

The Chief Justice of Gibraltar (Mr. R. Bacon) has crossed the Straits to Tetuan, Spanish Morocco, to investigate an alleged attempt to smuggle coffee and cigarettes into Morocco in a Gibraltar-registered boat.  The case us without precedent in the western Mediterranean.

Three weeks ago a small craft, the Ala Moana, was picked up in Moorish territorial waters by a Spanish revenue cutter acting on behalf of the Moorish Customs.  She was taken to the port of Ceuta where the crew was detained and the cargo held.

The master of the vessel, Mr. G. Dali, is a Gibraltarian.  Being a British subject he has the right to trial by a consular court.  These rights still exist in the Spanish zone of Morocco though Britain surrendered the rights in the French zone in 1937.  The British consul at Tetuan being in hospital at Tangier, the Chief Justice and court officials flew from Gibraltar to hear the case.  It is reported to be the first time a British judge has sat at Tetuan.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School