COUNSEL IN UNIFORM

Dominion, Volume 35, Issue 285, 1 September 1942, Page 4

COUNSEL IN UNIFORM

Judge Comments On Press Report COMPLAINT OF ERRONEOUS INFERENCES

Dominion Special Service.

AUCKLAND, August 31

Some little while back Mr. Justice Fair reminded a barrister who appeared before him in uniform to conduct an action that the Court expected the courtesy of a request beforehand for permission to wear uniform instead of robes. Last week the Chief Justice (Sir Michael Myers), in Wellington made some remarks ou the question of the appearance in the Supreme Court of barristers in uniform, which were reported in a Wellington paper and ■reprinted locally. Mr. Justice Fair, in the Supreme Court today, referred to this report of the Chief Justice’s remarks.

“The report,” said his Honour, “includes a reference to myself by name which apparently was not made by the Chief Justice. I am unable to say whether his remarks were correctly reported, but the report as published might well be considered by most of its readers as meaning that I had adopted an attitude in my Court toward barristers appearing in uniform which could be regarded as a denial of the King’s commission, and a slight on the King’s uniform. It may be assumed that no such offensive and baseless innuendo was intended, but the language of the statement as reported is unfortunate, and is capable of bearing that meaning; and regard both for the high office which I have the honour to hold and my own reputation requires that I should correct any such possible misunderstanding at once, and that the newspapers that have published the report in that form should correct the erroneous inferences that it may have given rise to.” Record of Service. His Honour said that those who knew his record of public service and his regard for those serving their country in the armed forces were not likely to be misled, but the great majority of the readers of the report could not be so informed and he felt reluctantly obliged to refer to his record of service to show how baseless such an insinuation would be. He had served for more than eight years in the military forces, five of them on active service. For nearly 22 years he had been honoured by holding His Majesty’s commission, first «3 an officer in the Army, then as 'Solici-tor-General of the Dominion, and for the past eight years a judge of the Supreme ‘Court. To associate his name, even inadvisedly, with a report cunveying a suggestion l of impropriety, seemed difficult to justify and might well be considered libellous. He did not propose to deal fully with the question which gave rise to the report, added his Honour. He would, however, point out that the Kings regulations for the Army and for the Air Force did not forbid a barrister who was on service from changing from uniform into the usual dress when appearing in court. A barrister was clearly not on military duty when appearing in the -Supreme Court. If t however, to change would occasion him real inconvenience, then, of course, he might properly appear In uniform. The question did not involve a mere matter of courtesy, etiquette or formality, concluded his Honour. A principle was involved that went much deeper than such matters, and his ruling was given on the sole consideration that it was the Courts of Justice to exercise the most scrupulous care to avoid any unnecessary departure from established practice which might possibly prejudice the absolute impartiality of the administration of justice.

“The Dominion’s” report of the Chief Justice’s comment on the above subject last week was confined to remarks by his Honour and by Mr. P. B. Cooke, K.L., and made no mention by name of Mr. Justice Fair.