SLATER’S CONVICTION SET ASIDE.

Hokitika Guardian, 21 July 1928, Page 3

SLATER’S CONVICTION SET ASIDE.

Australian Press Assn.—United Service

LONDON, July 20. Slater’s conviction was unanimously set aside.

THE JUDGE’S FINDING

(Received this day at 9.30 a.m.)

LONDON, Julv 20.

In the Sinter case, the Lord Justice General said the court was unable to hold the jury’s verdict as reasonable. He did not think the new evidence of Doctor Adam and Police Marshall and Pinkle.v had any material bearing. It could not be assumed, without evidence, that responsible officers of the Crown had concealed anything material from the defence. The question of the abandoned character of appellants mode of life, however, raised a difficult problem. The cross-exminntion of witnesses for the defence had shown that the appellant was living in a place where he pretended to practice dentistry, with two women, one of whom was a prostitute. The Prosecutor speaking to the jury, explained the brutality of the assault upon Gilchrist, by pointing out tlie depravity of tlie appellant-, who was living partly upon the proceeds of prostitution.

As a vital point, the proof ol identity in this case, presented an unusual difficulty. Tlie jury might easily be influenced in any direction or another, hence the Court was of the opinion the clearest and most unambiguous instructions by the presiding judge were imperatively demanded to prevent tlie jury misunderstanding the opening passages of the speech for the prosecution. The Judge’s charge did not remove the erroneous impression, on tho contrary it was calculated to confirm it. The jury were told that the presumption of innocence had less effect oil the case of appellant in the light of his ambiguous character than if his character were not open to suspicion. Tho presumption of innocence applied to everyone charged with crime. It was fundamental of tho whole system of criminal prosecution. 1 The Court therefore considered the Judge’s charges amounted to a misdirection in law, and the conviction should he set aside.