RIGHTS OF A JUDGE

Evening Post, Volume CXV, Issue 75, 30 March 1933, Page 13

RIGHTS OF A JUDGE

. The rights of Judges to have access to preliminary jecoids boaring on a trial was raised by Mr. B. A. Singer in the Auckland Supremo Court during tho re-trial of Nurse Kerr. Air. Justice llerdman had previously ruled that he was entitled to consult any records he chose.

Mr. Singer said the authority to which his.Hbno'ur had I'ef erred entirely corroborated " ; the submission he proposed to; make., , He submitted that his Honour was not,only not entitled; to look at the depositions,. but that most certainly. he was -not entitled to look at notes "of' evidence, especially wlien those notes had not "even been taken by his Honour at a previous trial. His Honour was in-the same position as t}ie jury,* entitled only to hear, listen to, and observe, the evidence brought before it in the trial. The novelty of the submission did ;not make it less correct.- ■■ , • ;. , ■■, ■/.' •: ■' ■..

Counsel said the statute dealing •jsitli depositions was*.tho Justices"! of tho Peace Apt, whic'i provided that they should, be forwarded to the Supremo Court office and that was all. Provision was- made for the uso of these depositions in certain^ cases—if witnesses vvero unable to attend through illness, or absence from the c6untry> or death. ... y. .. ; ; .