Challenge to Court’s Jurisdiction

Manawatu Times, Volume 62, Issue 35, 11 February 1937, Page 6

Challenge to Court’s Jurisdiction

IN TRIAL OF AMERICAN SEAMAN. Per Press A-aauuiaLlon. AUCKLAND, Last Night An unexpected challenge to tho jurisdiction of the Supreme Court to hear the case without the production by the Crown of a certificate from the Gov-ernor-General giving leuve to institute proceedings, was made by counsel for a man charged with attempted murder and, alternatively, with three other offences. The request cieated an un usual situation and resulted in an abrupt adjournment of the case while legal argument was heard by Mr Justice Fair. Accused was James Gannon, aged 3U, a seaman (Mr flail Skelton), who denied charges of attempting to murder Frank Josejih Foster; with intent to do grievous bodily harm, doing actual bodily harm, and assaulting Foster. The charges arose out of an altercation on the American steamer Golden West al King’s Wharf on October 29. Mr liubble appeared for tho Crown. “My client claims he is an American citizen on an American ship, and that the offences charged occurred on this boat within territorial waters,” Air Skelton said. ‘ ‘ He requests the Crown Prosecutor to produce a certificate of the Gov ernor-Goneral’s consent, containing leave to institute these proceedings respecting the prosent charges, in conformity with the Territorial Waters Jurisdiction Act.” His Honour agreed to hear counsel, and ho discharged tho jury from attend ance until tho afternoon. When tho Court resumed, his Honour said he had decided that the Governor-General’s consent was not noccssary, and that the trial might proceed. At the request of Mr Skelton he had reserved the question whether a case should be stated for the Court of Appeal on a point of law. The hearing is not finished.