The Globe. FRIDAY, AUGUST 16, 1878.

Globe, Volume XX, Issue 1405, 16 August 1878, Page 2

The Globe. FRIDAY, AUGUST 16, 1878.

The Police Court case hoard some days days ago before Mr. Hellish—known as the “ cloth case,” —wherein two mon named Driscoll and Lemon wore charged with obtaining money hy falso representations. was a highly interesting one from several points of view. But, leaving aside the consideration of the subjectmatter upon which the charge was grounded, certain points of perhaps unusual importance cropped up during the hearing, which deserve more than passing comment. At the outset Mr. Joynt, who appeared for the accused, objected to the power of the information, inasmuch as the latter, in the baldest form possible, contained simply a charge of falso pretences, without in any way specifying what they were, or even giving tiny clue as to what the ingredients necessary to constitute the alleged offence had been. Singularly enough, considering the experience which Mr. Hellish must have gathered hy this time in dealing with criminal cases, he ruled against the objection raised by counsel, and laid it down that what Mr. Joynt contended was absolutely part and parcel of the information, was surplusage and unnecessary. Here, without a doubt, the Resident Magistrate was totally wrong, from a legal as well as a common-sense stand-point. From tho former aspect there is no doubt but that text-books are emphatic in directing that tho information, which forms the basis of subsequent proceedings, should—as well as the warrants of apprehension, which are read to tho accused whou they are arrested recite clearly, and in full, tho particulars of tho offouco with which they arc charged. As a question of commonsense, it is self-evident that to drag a prisoner before a tribunal, without having made him fully acquainted with the nature of tho crime upon which he is suddenly asked to plead, is unfair to a degree, as he is almost precluded from preparing bis defence, let alouo instructing his solicitor, whose presence in Court under such circumstances must place him in a falso position. And it is worthy of notice that, in tho case to which we refer, Mr. Hellish was very nearly adjourning tho proceedings, so as to allow tho defects pointed out by Mr. Joynt to be remedied. This, of course, means valuable time lost to all parties concerned, and useless expense incurred as well. Yet the Resident Magistrate, as wo said before, ultimately ruled against tho application, but allowed the police to explain, viva voce, tho charge upon which Mr. Joynt’s clients had been brought there.

Wo now come to a far more important question, which was raised in this “ cloth case,” and ono which has boon argued in various parts of the colony, but only during tho last few weeks. When the prosecution of Driscoll and Lemon bad fairly begun, the Inspector of Police, as has boon tho practice from time immemorial in Magistratrate’s Courts throughout tho colony, took the conduct of tho case as a public prosecutor. To this Mr. Joynt raised an objection which wo do not remember him to have over made during tho many years of his “ criminal” practice here. Ho protested against the police being allowed to offer any remarks upon questions of law while conducting their cases; which objection, if sustained in the Lower Courts, amounts simply to an absolute destruction of the only machinery in existence in those Courts towards securing the conviction of criminals, as neither by law noi by official rules are solicitors engaged in acting for tho Crown before Magistrates. Mr. Hellish, strange car. admitted the position of tho police, as claimed oy im. wind accordingly. Yet, while in this instance, tho Resident Magistrate, a layman Himself, had legally ruled as between a lawyer and another layman, further on in tho case ho submitted with all meekness to Mr. Joynt’s dictum when tho latter objected to his Worship asking witnesses a variety of questions which bo. Mr. Joynt, “ruled” to tho Bench wore legally inadmissible. And among other instances which have boon lately recorded by public journals in reference to double

existing as to the police having the right to appear as public prosecutors, wo may mention that in the Ashburton Court, as well as at Lawrence, in Otago, tho respective Resident Magistrates who preside there, have decided that tho police did not possess such rights. Well might an Otago journal exclaim, “ that if these decisions were sound they simply held out a premium for crime.” As a matter of long and continued practice, policemen of every grade conduct criminal prosecutions all over the colony; and in fact in outlying districts men under the rank of sergeant oven, not unfrequently prosecute. Of course, as all criminal charges are laid under legal enactment, it follows that those prosecutors must quote law and interpret it in tho best manner they are able, If Resident Magistrates will take upon themselves to prevent tho police from acting as prosecutors, the sooner the Government interferes in tho matter the bettor. Surely tho country is not to bo saddled with the enormous expenditure necessary to maintain a Crown Prosecutor in every Petty Court. The subject is an important one, and it should at once bo brought to tho attention of the Minister of Justice. Public interests suffer quite enough as things judicial are allowed to drift. It is a painfully notorious fact that many Resident Magistrates are so wholly destitute, not only of legal training, but also of common sense, that they not unfrequeutly otfer the pitiable spectacle of being led by the nose by any able lawyer clover enough to throw legal dust into their eyes.