REBUKE BY JUDGE

Gisborne Herald, Volume LXVI, Issue 20055, 29 September 1939, Page 5

REBUKE BY JUDGE

WITNESSES FOREGATHER

SUPREME COURT COMMENT

The admission in the Supreme Court in Auckland by the last witness in a farm dispute case that she had lunched with other witnesses who had given evidence earlier in the case drew criticism from Mr. Justice Callan, was conducted the case. All witnesses had been ordered out of court the previous day, and His Honour had warned them against having contact with those who had already given evidence.

“That very much depreciates the value of this evidence,” said I-lis Honour, as soon as the admission was made, “especially after the solemn warning I gave yesterday. I think it is a very improper and unwise thing to do.”

“1 personally did not know of it," said Mr. Prendergast, counsel by whom these witnesses were called. “Of course not,” said Plis Honour, “but it is a great pity. It saps my confidence in their evidence, and I am bound to say so at once.” In answer to further cross-examina-tion the witness named other witnesses who had been present at luncheon.

"It is just about as bad as it could be,” said His Honour, “and it is your sire, Mr. Prendergast, who asked for witnesses lo be ordered out of court. I think your clients have let you down very badly, indeed. It is certainly bad, and very unfair to the other side.”