"ABSOLUTELY IRREGULAR."

Dominion, Volume 4, Issue 1140, 30 May 1911, Page 4

"ABSOLUTELY IRREGULAR."

■ —6 ■ A SUPREME COURT INCIDENT. |By Telegraph.—Special Correspondent.) Auckland, May 29. A young Maori, named Tohi Moko la Whcro, charged with burglary at Eaweno, found himself in a peculiar position when brought before Mr. .Tustieo Edwards for sentence at tlio Auckland Supremo Court this morning. His Honour pointed out that it was impossibles to sentenco prisoner, because tlio proceedings leading to his appearance were so absolutely irregular as to be void. A» jurisdiction given depended upon a slatuto alono it was necessary that, all the provisions should be strictly performed. In committing a person for trial, it was essential first to warn the prisoner, recoiv« tlio confession of guilt, mince it to writing, and get the prisoner's signature or mark affixed. In every ease (lie svjnalur« should be attested. In the present cam prisoner was not asked by the magistrate to sign the plea of guilty, coneciiucntly there was no confession of giiiit, and no power to commit for evntcuee. tho papers hail btx?n scut back for rectification, but this had not been done. "I must -tluweloro dischargo Hie prisoner," added his Honour. "11 won't rg. lievo him from the consequences of hi* oll'ence. I must let him go. I have no authority to hold him. Ho has no bui>ihops here." The. young Maori, who was defended .by Mr. J. K- Reid. then left the dock, 'but was at once rearrested by a waiting detective.