SUPREME COURT

Hokitika Guardian, 16 August 1932, Page 6

SUPREME COURT

CHIEF JUSTICE’S VIEWS,

ON GRAND JURIES.

(Per Press Association — Copyright.)

CHRISTCHURCH, August 16.

At the Opening qf the Supreme Court criminal sessions, the Chief Justice made it clear that lie would regret to see the, grand jury system abolished. After saying he had never suggested that the grand jury, as- an institution had outlived its usefulness, Sir M. Myers added “apart from other reasons, the very fact' that' business rneli *and others are called upon to give, gratuitously, service' occasionally in the administration of justice, which is one of the most important, functions of the State, in itself tends, in my opinittri. to maintain the high standard hr [the ideals of citizenship.” Sir Michael Myers drew' attention to the large percentage of cases in which motor accidents figured. There were no; fewer than nine separate cases at the present sessions in which two persbjis had suffered bodily injury and-isijyen had met their deaths, "ajid this; was typica] of what was occurring ' degrees throughout the Domijlion, “It is a fact to say that most,'of the collisions are due to the negligence of one or other (or both) of; the parties concerned. Few are due what is called inevitable accident, without negligence on someone’s part.”

After referring to the d’fferent T }rd.icts returned by criminal and civil juries hi?. Honour added “It may be that the j jury in a. civil action is influenced subconsciously, if you like, by its knowledge of ' the Compulsory insurance provisions of our statute of •■1928, hut whatever the reason, it is fin disputable that there is an injustice somewhere. It is difficult. I know, to find a remedy hut 1 believe it' can be found.”

• The Judge then proceeded to make a suggestion to the effect that civil action might he tried before a ! Judge jijpd two assessors, one appointed by each party. • ' The suggestion that a Judge and two assessors should try civil - actions .iff ’which 1 negligent driving of motor vehicles 1 is imputed, was made by the Chief Justice, Sh* M. “Myers. At the Court to-day. Sir M. Myers drew the attention' of the* grand jijry to the fact that cases had occurred where one jury (on a criminal charge) had declared by its verdict that accused was not-guilty of negligence, while a’second jiuryc(ih'a" civil action) had- bfeclared he was. Both verdicts,: said his Honour, could not he right; <' ''

f THEFT SENTENCE. INVERCARGILL, August 15. In Pdnman, aged 26; was rSphtehced - ' by Mr Justice . Kennedy “to '- eighteen months’ reformative detention for the theft of £2ll from the Southland Ippunty Council, by whom he had been employed as -clerk. Counsel stated that .the. money had- not gone for vicious, purposes. The accused had been paying pjf flax shares, and to keep up the payments.. had borrowed- from a moneye’nder- getting into difficilties. Restitution had been made.