A LAW POINT,

Dominion, Volume 2, Issue 582, 10 August 1909, Page 6

A LAW POINT.

• • QUESTION OF CORROBORATION:; CHARGES OF FORTUNE-TELLING. - , (By Telegraph.—Press Association.) < Auckland, August 9. • Some , time - ago informations were sworn against-it; number of persons in Auckland who are reputed to practise as fortune-tellers of one sort' and' another. , The, evidence on which the pblice relied was collected by two 'constables, each of whom, it'is alleged, had his fortune told.. However, there was only one; man present-..at: each interview. Thero was no of' the fact. . These informations came on' for' hearing before' Mr. C. Cutten,. S:M., in the Police Court , a week ago, but when the case against defendant Stephenson'wag called Mr. \V. J. Napier,who appeared' to defend, raised a point of -law.'"'Air. .Napier, asked for . a ruling .'that the uncorroborated; evidence -of a constable who had induced the defendant to tell his fortune would not support •a. conviction in that; the constable by his action made himself a principal party to the offence. His Worship delivered his .reserved judgment on the point this morning as follows: —"There can be no doubt that any, person getting; his fortune' told is, a party to the offence (Justices of the Peace, Act, 1908, Section 184). It is a rule of practice that the uncorroborated testimony of an . accomplice is not, accepted, as sufficient to support a uonvictioni In!.the Licensing Act there is a provision that the evidence of the purchase of liquor may, if otherwise satisfactory,'be sufficient to support; a prosecution, for selling. In the Gaming Act there is a provision that constables' in: the • course of'their 'duty becoming parties .to , offences under .the Act shall be deemed not to be accomplices. There is'no such provision in the Police Offences Act, and there is no reason that I know to except from the rule above stated, a constable who is a party to the commission' of an offence, undor that Act even though he is at the time acting under instructions from his superior officer. What corroboration is necessary will depend, upon the facts of each particular case, but it must be corroboration m some material particular. I can express no opinion about the case, as I do not know the facts,". . • The facts of the case were then laid before his Worship. ' The only corroborative evidence available is that one constable saw the other enter the house of defendant. Whether this .is sufficient corroboration the magistrate refused-to say until after he had heard the whole of the evidence for the prosecution. , . . Sub : lnspector Hendry, on behalf of' the police, has decided to go on with the cases as originally intended.