DELAYED CONSENT TO PROSECUTION

Dominion, Volume 36, Issue 22, 21 October 1942, Page 7

DELAYED CONSENT TO PROSECUTION

Comment By Chief Justice

(By Telegraph.—Press Association.) PALMERSTON N„ October 20.

In the retrial of Charles Gough, branch secretary of the Dairy Factory Workers’ Union, on a charge of making a subversive statement to the employees of the Orona Downs Dairy Factory on February 24, the jury disagreed for (lie second time and formal application lor n third trial was made by the Crown Prosecutor, This was held over in order t<j enable him to communicate with the Attorney-General. , , Later a stay of proceedings was asked by tile Crown. In discharging accused, the Chief Justice, Sir Michael Myers warned Gough of the necessity in tuture of adopting a different attitude in ius addresses to members of his union or be would find bomself in trouble, again. Gough, lie said, was fortunate in that there was placed in bis hands a whip with which he was able to flog the prosecution, namely a delay, of live months in doing something that could have been done in 20 minutes.

Strong comment was made by tne Chief Justice about the time taken in authorizing the prosecution to proceed. The case was available iu April, he said, the incident at Orona Downs having taken, place on February 2-1, but for some reason or other it was not till August 20 that the Attor-ney-General gave his consent two days before the expiration of the period of six months in which the law required prosecution to be commenced. "It would surprise me very much if that did not have considerable ellect. on the minds of the jury,” his Honour said. ‘‘Seven hundred years ago there was extorted from a despotic, recalcitrant king a charter of English liberty in which it was stated that justice shall not be delayed. 'Phis num Gough was entitled to know long before the expiration of the six months whether or not he was to be prosecuted. It is unfair to him and to the country; it is a matter which Should not have taken more Hum 20 minutes to decide. If that had been done this ease would have been dealt with in May instead of x ■ i -t If there > .< Io be another trial it would be delayed to February, bis Honour added.