Unusual Position Arises In Damages Claim

Chronicle (Levin), 3 June 1949, Page 3

Unusual Position Arises In Damages Claim

WELLINGTON, June 2. An expression of his own hope that the Oommunist Party in New Zealanrl would remain in a position of a minority, was made by Mr. Justiee Cornish in the Supreme Court during his summing up of an accident damages claim in which plaintiff was a Communist. This caused his Honour ta direet the jury to retire a second time before announcing its verdict. He asked them to assqre themselves that they had not been inflneneed by it- -oue way or another. The jury foreman, however, stated that that particular matter had not been mentioned or considered by the jury. His Honour then perinitted him immediatelv to announce the verdict which proved to be one for • the defendant company. The claim was by Aubrey Bruee Skilton, waterside worker, Johnsonville, from the' Shaw, Savill and Albion Company for £400 general damages and £157 special damages for an ankle injnry he rqeeived while working on the Akaroa at Wellington on December 14. Plaintiff alleged negligence which the company denied. Mr. L. G. Rose appeared for Skilton and Mr. E. D. Blundell for the defendant company. Skilton, in evidence, described the accident and said it was only a few days ago that his doetor said he was fit to give work a trial again. Cross-examined by Mr. Blundell, Skilton disagreed that "watersider" was not the correst deseription of himself. His position as national organising eecretary . of the Communist Party, he j said, was'pnrely an honorary one at present. All? his present duties were writing up a weekly ar-ticle for a paper and generally supervising the work of full-time officials. He recently visited Auckland to which place, he said, he was about to be transferred. . He had visited Christchurch to see his people about six week3 ago. That was the only travelling he had gone. There were two full-time field organisers who did all the travelling. He had- held his present position in thc party since early April. The only money he received on that account was for expenses incurred. Plaintiff said he would take up waterside work at Auckland as soon as his transfer was completed. His Honour: That is a nice quiet place to g o to. In answer to furfher questions, Skilton told Mr. Blundell that he went to Australia on private affairs early in ' February. He took his wife and youngest child and visited some friends out of Sydney. He attended some lectures at the Mark School. Mr. Rose objected that the crossexamination was merely an attempt to blacken plaintiff. . Mr. Blundell said the questions were directed to finding out wliat money plaintiff might have received, that should aet in a reduction of the amount . claimed for loss of wages. Skilton continued that he paid his own and his wife's fare but some money was advanced to assist him. This he hoped to pay back. Be^ekh'rtlindd "by*MF. Rose, he said 'ht! had been a member of the Victory Loan Committees in Wellington and Christchurch ctnrl ilso of' two 1/ otliGr committees. assisting .the war effort. He had pit^jete^ved any remuneration from these fid^itiUns. He had never had a pa'id-^joiitibjl iifc.fe t'rad^juhloii, •'-••/ ' * ; k|T;':ithUfhd5ii • snbmittfid ,J,fb;|fefch.6rJ|U'y th at

• to Australia in any case, they ehtitled to rednce the amount of special damages by what he would -have lost tlirough absence |rom work, or if the jurv felt he had been financiallv assisted by the party, they were entitled to make such deductions as they thought fit. Referring in his summing up to the possibility that Skilton might have received money from the Communist Party, his Honour said that in any case the party did not appear to be in a position to pay a lot to its officials. ' ' My personal opinion," he said, "though perhaps I should not intrude it, is that I hope Skilton will remain a member of a small innocuous minority. " Skilton could get a fair trial under the sy.stem in New Zeaiand irrespeetive of his political opinions and that. did not. happen everywhere in the world/' said his Honour. The jury returned after a retirement of just bver ah hour. His Honour called counsel to his room for a time and then, on coming to the Bench, he made his request to the jury, first looking toward' the Press bench to *ell the reporters that they would "take no notice of what he was going to say. " It was of rio interest, he said. Perhaps, he told the jury, his hope that "a certain branch of ideology would remain in the position of a minority," might have influenced them in one way or another. It should not, and he wanteu them to retire again to assure themgrounds, he said, that his Honour had misdirected the jury. His Honour: What was the misdirection? Mr. Rose: On the matter raised in chambers. His Honour: There was no misdirection. After consultation with Mr. Blundell, Mr. Rose asked instead for 14 days' leave in which to apply for a new trial. The matter of compensation was also reserved. After the verdict had been given, Mr. Blundell moved for judgment. Mr. Rose moved for a new trial on the selves it had not.