CHANGE OF VENUE

Hokitika Guardian, 19 October 1932, Page 3

CHANGE OF VENUE

CROWN’S APPLICATION REFUSED TRIAL OF ALLEGED BOOKMAKER WELLINGTON, October 17. M,r Justice -MacGregor refused an application in the Supreme Court for the vent •> of the trial of Maurice Viv-. yan Richard Sterling Maxwell, charged with carrying on the business of a bookmaker, to be changed from Nelson, to Wellington. Maxwell was committed for trial at the Supreme Court, at Nelson on November 29. Bail was allowed. ,

Mr Evans-Scott, for the Crown, said it was not a ease of'the disagreement of a jury nor a question, of the popularity of accused, hut it was suggested that owing to the prevalence of betting,apd the’extent of accused’s activity, there would be on the jury at least one man who had had actual betting transactions with him, therefore it was possible that part of the panel might be affected bv prejudice or partiality. Haying quoted cases, counsel said it was not suggested that the position in New Zealand was like that-in another comtrv. where attempts were made to intimidate jurymen. He submitted that where it was 'shown there was a probability that the panel of jurymen would not give an impartial trial, the. venue should he changed. Mr J. R. Kerr, opposing the motion, s,iid it was not a case in which the Court should assupie prejudice or pnrt:ality. It had not been said that the case was one arousing great publi n interest in Nelson.* He submitted that vary strong evidence should be required to show that an impartial inrv could not be obtained, neither h'd it been shown that betting existed in greater degree in Nelson than in other places in New Zealand. Mr Evans-Scott suggested that there was a greater probability of obtaining a inn-in Welli gion who had not had transactions \v.th a bookmaker.

His Honour said it had been suggested that the interests of justice muld not b P serevcl if the trial took place ip Nelson. He could not assume that it was impossible to obtain i”i inroartial jury. He was not satisfied that there was any reason to a'prebend that it would not be a fair trial, therefore he was not prepared to make an order.