BENCH AND BAR

Hokitika Guardian, 8 February 1921, Page 1

BENCH AND BAR

SOLICITOR CHARGED WITH CONTEMPT.

UNUSUAL CASE IN AUCKLAND

AUCKLAND, Feb. 3

The rare event of a solicitor being visited by a policeman with a summons to appear in the Afagistrnte’s Court for alleged contempt of Court bad its sequel to-day, when Mr J. F. W. Dickson was called before Mr J. W . Boynton, S.AI.

The complaint against Mr Dickson was that “on .January ‘doth, at the Magistrate’s Court, during the hearing of a civil case, he did wilfully insult the Magistrate hearing the case, Air J. AV. Poynton, by using offensive, insulting, and contemptuous words to him, thereby being guilty of contempt uf Court.”

Mr Dickson, it was reported .took exception to the Magistrate's action during the hearing of the case, and remarked that it was “as much as saying that the witnesses were committing perjury.” Mr Poynton protested strongly, whereupon Mr Dickson said he would repeat the remark. In opening the matter to-day, the Magistrate said that Court proceedings must be conducted with decorum, and if such outbursts wore passed unnoticed there would be unpleasant occurrences, which all would regret. It was the first time he had met with any discourtesy from a member of the. legal profession. He would gladly have overlooked if: but for the fact that the offensive words and conduct were repeated after a severe admonition, and that within half an hour of the first offence. It was, said Air Poynton, usual in such cases, for a first offence to accept an apology in open Court. By expressing his regret, the offender expiated his transgression. The opportunity would now be given to Air Dickson to so atone if be wished. Mr Dickson submitted that the Court had no jurisdiction to deal with him in the way it was trying to do, and also that the .proceedings were entirely wrong. He said he had consulted with many of his and had come to Court out of respect for his Worship. He claimed to have set Ik fore him the charge made, so that lu might have an opportunity to answer it. What were the insulting or contemptuous words? He did not know! No definite charge had been laid against him in what was a most serious charge. The facts had to he sworn by affidavit. Mr Poynton. By whom?

Air Dickson: That is a matter for your Worship. Air Boynton: There is no Use wasting time. You committed contempt of Court, and it would be much more satisfactory for you to, say, like a man, that you did wrong, and apologise. .Ur* Dickson : If 1 did wrong, 1 say at once 1 would apologise. Air Poynton: You are determined not a apologise. I sec that sticking out. You are sheltering behind technicalities. Mr Dickson : May I speak? Afr Poynton: Speak! But you are only making vour case worse. You should apologise when I give you the opportunity. Mr Dickson : If I have done wrong— Air Poynton: You know whether you did wrong or not. Mr Dickson: 1 recognise the dignity of the Bench must be maintained.

Mr Poynton: You do not practise it. Mr Dickson: I have practised it in nil the Courts, both here and in Wellington. No one has ever suggested I have been guilty of contempt of Court. Mr Poynton: I am judge, and I say you did wrong. 1 have given you an opportunity to expiate the offence. I could have fined you or put you in prison at the time, but 1 did not want to do that. I gave you time to mention the matter in Court, but when you did not, I had to take the step 1 have taken. „ Mr Dickson: There was nothing said on that occasion that was meant as an insult to the Court. Mr Poynton: 1 am disappointed. Why not express regret ? Mr Dickson: Because f have done nothing to justify it. Mr Poynton: I will allow another opoortnnitv for your further consideration. I shall deal with the matter at noon on Thursday next.