FINE POINTS OF LAW

Evening Post, Volume LXXXV, Issue 28, 3 February 1913, Page 8

FINE POINTS OF LAW

; AN INGENIOUS ARGUMENT before the first prisoner, John !isckeard Riktone, was called ujon to ,pksad at the Supreme Court today, Mr. , TI Neave, who appeared for him, raised 1«4 ingenious legal point. , --He asked the presiding Judge, Mr. Chapman, to declare the committal of the prisoner irregular and il- J 'legal. ' . *His Honour : There is a presentment •pE the Grand Jury before ua now. j I JVIt. Neave submitted that the^ preH6&ntment being framed upon depositions 'irregularly taken could not stand. i £His Honour remarked that the Grand lihiry dealt- with witnesses, not depositions'. Neave : The indictment is framed llrpm the depositions. j ''-iSis Honour asked for the authority pol* Mr. Neave's contention. Common j UrfW took no notice of depositions. fMr. Neave quoted section 407 of the ['Crimes Act. He urged that the only PnJeans of bringing &' prisoner to trial Wakcept by order of the Attorney-Gen-Jfeijkl) was by process of fTeliminary e nKjttiry by tho Magisttate ; same person l^b|ing Jbound,,' oVei*' then to bring the ( jrposoneY'Ho "tri&lf The point on which thft based his application was that secrtaon 148 of the Justice of the Peace Act (Md not been complied with. This sec--sti&n sequit'ed' that the depositions of SV#tness'efr should be read over to the |--Ji«cused before he was committed for jrtttal. This omission, he submitted, ren"dSred the commital illegal and irregular. f 2His Honour : Arid of all the prisoners NcJ' the last twenty years. j fMr/'NiffVe-i'lfc may be, your Honour. p?Ti» may be that „ all the. prisoners before stfe Coutfi'-now are entitled to be set at pligerty if my point is upheld. • *Mr. Nea*ve went, on to refer to cases .Viw^iich, "he subnirUdd, supported his con*t3ntion tfcat there should be a very j'»Cttct interpretation of the Justices of . tile Peace Act. _ (•A further* point he raised — but this he rdid not rely on — was that the Act re(■quired the depositions to l>e taken down Jtifl' writing; and that taking" them in '^typewriting was not a compliance with HSe statute. He quoted Stone's Justices' ■Manual and "Justices of the Peace." i-lS the latter was recorded a statement hJthT^tigiielVifiiA^es that "on account legal and other difficulties they could j»ot recommend any departure from exjis^ing practice" in taking depositions handwriting. «Ai'ter some further argument, his said : " With respect to the i>s«dbnd cftipstiort', it is merely a matter in "•v«iich-.1. shottid. bring before the Judges \tjje desirability" of recommending the iflmnister to issue some instructions to clerks. ' As to the second *<JUeaMC'li,_i<i to me that the proper '/v iew tor me^ to take is . that we are fjtow'. her© 'to investigate a charge based ■■on a presentment^ of the Grand Jury. iyft would be very inconvenient if at this hstagu we were asked to enquire whether Will the pwvigions in regard to committal pittd* been complied with." His -■ Honour s<lid not propose to give effect to Mr. JN'eaveV application. * What would have Jib'een the effect if habeas corpus proceed* |ings had been brought earlier, he could {aiot say. ACcttsed must be tried on this iSndictnlettt: Hia^ Honour^ promised to consider HtffieiJier the points were o£ sufficient im~j)ort2tnce, to be v brought before the Court Sdf Appeal