HOBBS’ APPEAL

Hokitika Guardian, 14 March 1929, Page 5

HOBBS’ APPEAL

APPEAL ALLOWED

(United Press Association.—By Electric Telegraph.—Copyright.)

LONDON, March 13

The Hobbs libel appeal (cabled on 18th December) was allowed, and a new trial ordered.

JUDGE’S STRICTURES

(Received this day at 10.30. a.m.) LONDON, Alarch 13.

Justice Scrutton giving judgment at the Hobbs appeal said he came to the regrettable conclusion that a new trial should he ordered. ‘‘lt is quite possible that it was properly directed on revelant issues, and the Court may arrive at the same conclusion, hut plaintiff was entitled to the complaint that he did not have a satisfactory trial, as irrelevant acts and incidents admitted in the cross-examination and the jury had no proper summing up and direction ns to the question it had to consider, especially regarding the failure of the defendants to jr.stfv their defamatory statements. Hobbs was entitled to a fair hearing according to the law. I regret to say I don’t think he got such a trial. The newspapers defence would seem to have been:—“lt’s true we made defamatory statements which we cannot prove, hut we are going to prove your character is so bad that defamatory lies cannot cause you damage.” “The jury to which such a plea was addressed, should have received careful directions from the Judge regarding the course it should adopt.” LONDON, Alarch 13.

Hobbs was granted tbe cost of the appeal, but tbe costs of the first trial wore ordered to abide by the result of tbe second.