TRIAL BY JURY

Dominion, Volume 8, Issue 2412, 18 March 1915, Page 6

TRIAL BY JURY

REQUEST REFUSED

INTERESTING DECISION (By Telegraph—Press Assn.—Copyright.) Melbourne, March 17. The High Court of Australia has dismissed the appeal in the Bernasconi case. Judge Murray had stated a special case on several grounds, the main pointy being whether Bernasconi had the right to claim trial by jury. Tho Chief Justice said that that section of the Constitution providing for trial by jury related only to offences created by Parliament by statutes passed in execution of its functions, and described as the laws of the Commonwealth. The request for a jury was, therefora, rightly refused. Mr. Justice Isaacs and Sir. Justice Rich concurred. This app(sl refers to the conviction of Georgo Bernasconi, who was sentenced at Port Moresby, New Guinea, on a charge of having assaulted & native boy named Lubobou. Bernasconi (it was alleged) hung ■ the boy to a rafter in a store, and the latter remained hanging for some time. The medical evidence showed that the boy would have been suffocated if allowed to_ remain in the samo position for five minutes. Counsel, for Bernasconi applied to have the case heard by jury. This request was refused and Judge Murray convicted Bernasconi, and sentenced him to 12 months' imprisonment. Judge Murray stated a special case for the opinion of the High Court on the points(l) Was Bernascorii's request for a, jury rightly refused? (2) Was there evidence to justify the finding in the case having regard to the conflict of testimony? (3) The story told by Crown _ witnesses having been declared impossible bv the only medical man in Court, would the Court be justified iu not discharging defendant?