PLACE OF TRIAL

New Zealand Times, Volume XXXVII, Issue 8339, 28 January 1913, Page 3

PLACE OF TRIAL

FOR COUNTRY PRISONERS,

The course that should be pursued by J ustices of the Peace in committing prisoners for trial formed the subject of a discussion before his Honor Mr Justice Chapman in the Supreme Court yesterday. , An application was made that Albert John Ldy, committed at Carterton on a charge of destroying a house by the use of explosives, should be tried at Masterton instead of at Wellington, to which place ho 'stood committed. Mr T. K. Mauusell appeared in support of the motion, and Mr H. H. Ostler, of the Crown Law Office, to oppose. Mr MaunseH said his Honor was asked, in these proceedings, to render some assistance to Justices of the Peace. For some time doubt had existed as to whether it was the more desirable course to commit an accused person for trial at the court sitting in his own district or at the sitting of the general court. In the present case the accused had been admitted to bail. All the witnesses were in the Masterton district, and counsel desired that ho should bo tried there. The sittings of the court at Masterton occurred about six weeks after the sitting at Wellington.

Air Ostler pointed out that the Wellington sittings were the more convenient in point of time, and no great hardship would bo inflicted by bringing the witnesses to Wellington. The ends of justice would be best served by bringing accused to trial as soon as possible. His Honor said ho did not intend to lay down a rule as to the course to be pursued by Justices of the Peace in such cases. Ho thought the proper rulo was for Justices of the Peace to consider in each case whether the most convenient and just course was to commit to the nearest place or to the place where trial would take place earliest. Such considerations did not apply to centres like Wellington—they referred only to justices. His Honor refused to make the order for a change of venue, holding that the dominating consideration was that the trial would take place earlier in Wellington.