JURY DISAGREES AGAIN

Nelson Evening Mail, Volume 77, 20 October 1942, Page 2

JURY DISAGREES AGAIN

CHARGE OF SUBVERSIVE STATEMENT STRONG COMMENT BY CHIEF JUSTICE DELAY IN AUTHORISING PROSECUTION Palmerston N. f This Day .In the re-trial of Charles Gough, branch secretary of the Dairy Factory Workers’ Union, in the Supreme Court ; on a charge of making a subversive statement to employees of the Oroua Downs Dairy Factory on 24th Febru- ; ary, the jury disagreed for a second ; time. Formal application for a third trial was made by the Crown Prosecutor tor, Mr Cooper. This was held over in order to enable him to communicate with the Attorney-General. Strong comment was made by the Chief Justice, Sir Michael Myers, about the time taken in authorising the prosecution to proceed. Whatever one might think about the case, he said, there was no use in shutting one’s eyes. The case was available in April, the incident at Oroua Downs having taken place on 24th February, but for some reason or other it was not until 20th August that the Attorney-General gave his consent, two days before the expiration of the six months which the law required for a prosecution to be commenced. “It would surprise me very much if that did not have a considerable effect on the minds of the jury,” said Sir Michael. “Seven hundred years ago there was extorted from a despotic and recalcitrant king a charter of English liberty in which it was stated that justice shall not be delayed. This man Gough was entitled to know long before the expiration of six months whether or not he was to be prosecuted. It is unfair to him and to the country. It is a matter which should not have taken more than 20 minutes to decide. If that had been done this case would have been dealt with in May instead of October.” If there was to be another trial it would be delayed to February, His Honour added. —P.A.