Life's Drama Seen at Close Quarters In Levin Police Court

Chronicle (Levin), 12 November 1948, Page 4

Life's Drama Seen at Close Quarters

In Levin Police Court

fSIL»ENCE!'! T'he Magistrate's Court is now in session," eries the poiice orderly as the Stipendiary Magistrate takes his seat at , the commencement of an ordinary day's proceedings in the Levin CourtHouse. All present resume their seats, ihe solicitors spread out their numerous books of reference and bulky , flies, the clerk of the court readsfrom his list^the first name, which is taken up by the poiice orderly and called throughout the room and coiTidor, The accnsed or •defendant takes his place in the do.ck, o^, in the case of a minor charge, a position on the floor | in front of the magistrate, and the charge is formally read.

Whether he pleads guilty or not guilty, the facts of the case are related to . the court by the prosecuting offlcer, in Levin's case Sergeaht W. Grainger, Who tells of the circumstances leading up to the charge against the defendant and, if the "case is being defended, calls his witnesses. He or the constables at the station may also have to give evidence from the witness box, in which case he is duly sworn and commences thus: "My name is . I am a poiice officer stationed at Levin. On the date set out in the information, Friday, Oetober — , I apprehended ," and So it g-oes on, the officer systematically linking up his facts. Seats at the back of the court are provided for members of the public, piyothers who perhaps are directly concerned with the case. They must however, remove their hats upqn entering, refrain from lighting cigarettes and keep perfectiy still and siient or they are liable to be ejected or, as has happened on occasions in some courts, find themselves facing a charge — that of contempt of court. Tfie Prasecutor A prosecuting sergeant has to be ready for any eventuality. What appears Qn the sqrface to be a "cut and dried" case, might end up in a legal bat'tle into which will-be brought paSt rulings of othermagistrates, or qpinons of legal. autliofities, quqted ,by the solicitors from recognised rext books on the subject. All these references are carefully noted by the magistrate and, after hearing all the evidence, he will in some cases jeserve his decision until he has satisfied himself on the worth of these references in their regard to the particular case he is hearing. Fqr a magistrate there is no 40^hour week or award benefits. Travelling from Wellington, he mush risft at an eayly hour, and if

there is a particularly long hearipg, it might be six oiciock before lie climbs into his car for the -return journey.. Often he has to adjourn the court to personally inspect property, articles undef dispute or scenes of accidents. Levin's eourt sits once a month, but with the growth of the town the business dealt with has become So heavy that the time has now arrjved when strong consideration should be given to the holding of a f ortnightly sitting, The choice of Friday is also unfortunate, for this is Levin's busiest day and barristers and witnesses find difficulty in keeping appointments at court. A Magistrate's Day On arrival at Levin his first task is to preside at the Children's Court. This is held behind elosed doors, only certain persons directly concerned being present, and is not open to the Press or public, although the magistrate may permit the publication of the facts (of cases, provided no names are used or anything revealed thftt might lead to the identity of the child. Other matters heard in chambers relate to applications for the adoption of children, the granting of licences for auctioneers and second-hand dealers, cases governed by .the Fair" Rents Act and- such Iike. In the open court, the first cases are usually criminai, petty offences, traffic offences ahd judgment summojises. These are followed by the more involved defended civil cases. Witnesses must first be sworn. TJnless the witness requests qtherwise, he is handed a eopy of the Bible or New or Old Testament, usually by the poiice orderly, whp asks witness^ to repeat after hini that he swears hy Almighty God that the evidence he will give touching on the matter heforq the court will be the truth, the whole truth and nothing bufc the truth, Witnesses under . the age of 1.2 years need not make the qath, put

are required to promise that they will tell the truth. Intriguing methods are used to swear in persons of other nationalities. A Jewish witness is sworn in the same way as a Christian,, except tnat he holds a copy of the 6id Testament and may place his hat upon his head. It is usual to SubBtitute Jehovah for Almighty God. There are specially-warded oaths for Buddhists! Mohammedan Witnesses use tne Koran, He puts one. hand on his forehead, the other on the Koran and brings hjs jhead.in contact with the hook, An' ! Arabic witness may place his right hapd on his forehead and hjs left hand on his back, He then bends idown to the Koran and kisses it, • A saucer can be handed to a Uhinese witness, who takes it in | his hand and breaks it into frag•ments. Declaring that he is bound ! by this oath, he prays that his soul may be broken as the saucer is broken if he does not tell the , truth. For ChineSe a lighted match can also be blown out, the i witness stating . that as he has j blown out the match may his soul for ever be in darkness if he does not tell the truth. Court Has Its Humour The latter forpi Qf oath brings to mind the occasion when a poiice' orderly was intimating to a Chinese witness that _he was required to blow out the match. The witness took some time in understanding the request to the consequent discqmfort of the officer, as the- flame hurned down and scorched his fingers. What hd sajd was fortunately not audibie to the entire court, and the Chinese witness probabiy didn't understand it anyway. The sympathetic S.M. proffered another match, Court proceedings are not with■out their lighter incidents, and magistrates not without a keen sense of humour. During the hearing of certain typss of evidence a magistrate may order the ' clearing of the court. This does not apply to court officials and Press representatives present. Courts in New Zealand are conducted with great dignity and decorum, the Levin court bemg no texeeption, It has even heen said fthat the Dominion conducts the best eourt proceedings of the- Brit■Ish colonies. Tlie court authorities |n Levin, as elsewhere, pride- themfeelves on 3. high standard of con- ' dttet ' in, and respect for, the buiiding Wherein they work which, after all, i the "Hau of British I Justice,"