“HE IS SHAMMING.”

Hokitika Guardian, 6 February 1926, Page 1

“HE IS SHAMMING.”

REFUSAL; TO HEAR, CASE.

It is not often that a magistrate and a lawyer have an argument before a case is actually under way, but a maintenance case at Palmerston North had as a prelude a lengthy discussion between the magistrate, Mr J. L. Stout, and counsel, Mr A. IV. Free, of Levin.

Gabriel Sasien, a Syrian, applied for a variation in a maintenance order in favour of his children. “ I may as well fell you before you start. Mr Free.” said the magistrate, “ that there is going to he no variation in this order. Sasien comes here time and time again—always in bandages, or with some excuse or other—to say ho can’t pay £1 a week for three children. He is shamming illness.”

“ Shamming is a hard word. I have a medical certificate to place before you.” replied IL' Free. The magistrate: "I won’t have a medical certificate. You can bring your doctor here and let him he crossexamined. I am getting absolutely tired of this man. He is doing all ho can to evade the order and is hadlv in arrears. It is the same story every time.” Mr Free: “ Tt is unusual not to accept a. doctor’s certificate.” Mr Stout: 11 I don’t care, 1 am. not going to accept one in this ease. If he wants to get off. then you will have to call the doctor.” Counsel: “I am prepared fo do as you wish. Will you allow the case to stand down until this afternoon?” His Worship: ‘‘There is no doubt that this man is making no endeavour to keep tip this payments. You may not know the history of the ease as well as I do.” Mr Free replied that he had gone into the matter and had learnt facts that were perhaps unknown to the magistrate. He was prepared to call the doctor if the case was allowed to stand down. Mr Stout: “ 1 am not going to vary the order which is not much—only £1 a week for three children.” Counsel: " One is only a step-child, and wo are not satisfied that they arc getting all they should out of the order. Over £IOO lias been paid.” Mr Stout: “ I am satisfied they are getting nothing. The ease will ho adjourned until you call a doctor.”