WITNESS WRONGLY HEARD.
MAIPS BEU&IODI ADVISER. NEW TRIAL ALLOWED. (By Telegraph—Press Association.) WELLINGTON, Thursday. The Court of Appeal this afternoon ordered a new trial of the charge against Robert McConkey, who was found guilty Palmerston North of having indecently assaulted a female. Justices Reed, Ostler, MacGregor and Blair were unanimously of the opinion that the action of Mr. Justice Smith in allowing Captain Thorn, it Salvation Army officer, to be called as a police witness, was clearly irregular. Counsel for McConkey contended that Captain Thorn's evidence was inadmissible, first, because it was irrelevant; secondly, because it was only evidence to contradict a statement made by a witness under cross-examination. Farther, Captain Thorn went to see accused as a religious adviser. Any statement made to a religious adviser under such circumstances must be considered as • confession, and as such was inadmissible.
Permanent link to this item
Hononga pūmau ki tēnei tūemi
https://paperspast.natlib.govt.nz/newspapers/AS19281005.2.131
Bibliographic details
Ngā taipitopito pukapuka
Auckland Star, Volume LIX, Issue 236, 5 October 1928, Page 9
Word count
Tapeke kupu
140WITNESS WRONGLY HEARD. Auckland Star, Volume LIX, Issue 236, 5 October 1928, Page 9
Using this item
Te whakamahi i tēnei tūemi
Stuff Ltd is the copyright owner for the Auckland Star. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International licence (CC BY-NC-SA 4.0). This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
Acknowledgements
Ngā mihi
This newspaper was digitised in partnership with Auckland Libraries.
Log in