Judge in Dilemma.

Hokitika Guardian, 20 February 1922, Page 4

Judge in Dilemma.

EVIDENCE WITHHELD. AUCKLAND, February 17. An unusual situation arose at Hie Supreme Court sitting to-day. Mr ! Justice Stringer admitted one man t 0 1 probation and a plea for similar treat--1 ment was made by Mr Singer for 1 James John Packer, found guilty of : attempted criminal assault. His Honor ' after interjecting during counsel’s ad- | dress that there was not the slightest ; possibility of taking that course subsequently admitted that be was in a | dilemma as to what course to take. ' Packer had been found guilty of at- : tempted criminal assault, on an eigh- ! teen-year-old girl at Opahi, B»y of • Islands. In mitigation of the crime ! .Mr Singer said that he desired to disabuse his Honor’s mind of certain aspects as presented by the evidence. First he assured him that accused was not aware that the girl was alone in the house. Another matter demanding some explanation was the suppression of certain evidence in prisoner’s statement to the police. This suppression had been made as a result of legal advice, the solicitor whom accused consulted in his town warning him tJiat pertain facts might prove incriminating, although he (Mr Singer) disagreed, with this course. There was no doubt, he said, that this advice had been given accused and that he had had the assurance of the solicitor in question that he would shoulder the responsibility. Prisoner was a married man with two children and was of high repute, and counsel asked his Honor to consider those facts. Residents of the district and ] riener’s wife would testify as to his funner exemplary behaviour.

His Hoivr: I do not wish to hear Ids wife, for to niy miml her testimony would aggravate r n ther than mitigate hi behaviour.

Mr Singer called ’C onstable ’Potter of Kawakawa, and loca] residents, wh 0 testified to prisoner’s high repute in th? district.

Counsel asked his Honor to consider . admitting Packer to probation. After replying that he could not, possibly adopt, the latter course, Air Ju«tiiie Sitringer added:—“l must say I don’t remember ever having been placed in so embarrassing a position in .-rmrccticn with the case as I find my lailf now. After the ease has l.wu conclude I and the jni’v has : reived at ils verdict. I am pi nctically invited to rc-r re- 1 ■ the i-sise breuse prronor, on ace unit of what T must characterise a*s •••dinary fr* >lfsli advice given him, has v/vu committed to a line of defence which has prevented certain facts being brought forth which 1 would have' very much militated against him.” lbs Honor added that, he must have tune t 0 consider what course to take. He was certainly not going to weaken the protection lie thought young girls, nheuld be afforded by admitting the prisoner t 0 probation, but he was certainly placed in a most difficult p’si-

tu n. He would consider the ease until Momlav.