APPEAL FAILS

Hokitika Guardian, 17 March 1932, Page 5

APPEAL FAILS

BY UNEMPLOYMENT LEADER.

CONVICTION TO STAND.

(By Telegraph—Per Press Association)

WELLINGTON, March 16

On a technical point, raised by counsel for the prosecution, the appeal by William O’Reilly against Ins conviction by Mr Page S.M. in the Magistrate’s Court on February 11, was dismissed by Mr Justice Ostler in the Supreme Court. , O’Reilly was sentenced to three month’s imprisonment by the Magistrate on a charge of intimidating relief workers at Hataitai. The grounds of the appeal were that further material evidence had been made available since the Magistrate’s Court hearing, and that the verdict was against the weight of evidence. The preliminary point raised by counsel for the prosecution was the notice of appeal did not comply with requirement of the Justices of the Peace Act, 1927. In giving his decision,' Hjs Honour said that he wa.s very sorry that this point had been raised. He would much rathe# have heard the appeal on.-it? merits than decide it on a technical point under Section 316 of the Justices of the Peace Act. There was a condition precedent to the bringing of an appeal, that the notice of appeal . should state the very Court to which the appeal was to be brought. The notice of appeal in O’Reilly’s c* l6 ® was defective in that respect and authorities had been cited which showed that there could be no waiver of this condition.

“I am bound in law, to hold,” added His Honour, "that I haven’t any jurisdiction to entertain the appeal at all. The appeal, therefore, is dismissed.