EVIDENCE TO ORDER.

Hokitika Guardian, 29 July 1921, Page 3

EVIDENCE TO ORDER.

PREVALENCE OF PERJURY

AUCKLAND, July 24 Some frank comment on the prevalence of perjury was offered by hr Povnton, S.. Mat the Police Court when giving his decision in the application for a rehearing of the case of John .McGee, who was convicted last year of the theft of a tin of benzine, and ordehed fourteen days’ imprisonment.

There was no power, said the magistrate, for any justice hut the one hearing the case to grant a rehearing. The police in this case, however, waived any objection oil the ground of the application not having been made to the justice who tried it- originally. The facts, shortly, were these: The applicant pleaded guilty to a charge of theft on June 2nd, 1920, thirteen months a"o. He was sentenced to fourteen , days’ imprisonment. His application j for a rehearing was based on the i grounds that he was tin* owner of the ' property alleged to have been stolen, • and that lie pleaded guilty under a misapprehension. He bad been a iesident of Auckland since bis imprisonment; and under no disability whatevei. “There is,” said Mr Poyiitoii, “a grave risk itl reopening a case after the lapse of so loitg a time. 'lt is in the interests of the public that there ‘ should he aft end of litigMioji’ is a maxim that cannot be lightly disrogulf ot |. If convicted thieves and others could have their cases reopened after such a long period of time we would have all sorts of manufactured evidence Pcriui'y is very prevalent as it is, hut

this would Ik? offering a premium to increase it. AH those with experience ,n courts know .how ready most witnesses are to lie to yet themselves and their friends out of trouble. ’ . Mi- povnton quoted Mr Justice Millions in Hex v. Hughes: “The essential point, however, is that ii an apph- ( cation is made it ought to he made promptly. Everyone knows that nothing deteriorates more by lapse ol time ihan evidence. Not only are witnesses liable to die or disappear, but human memory at best is ’fallible, and the. humor time that elapses between the event and the lime of giving evidence the more fallible it 'is likely to be. Mr Justice Dennison had said: “I think the power as to granting a now trial is one that should be exercised with the greatest care, and above all things the application should be made promptly.” • In the prison cam,” said Mr T'lytlloji. ••the applicant pleaded guilty, amt was under no disability whatever, and cinild have asked for n new trial twelve months ago. 1 thiitk it would be a serious abuse of section 120 to n rehearing. The waiver of the police would not give a second justice jurisdiction. A rehearing can he granted only iiv the justice who heard the case.” , , i i I •In fairness to the police, added the magistrate, “it should be stated Unit th,e^oTice fifes relating to applicants case proves several of the statements i,i his affidavit to be incorrect. Tile appli( ; ation is te fused:’