EVIDENCE OR HEARSAY?

NZ Truth, Issue 1213, 28 February 1929, Page 6

EVIDENCE OR HEARSAY?

Magisterial Comment In Recent Court Case SACRED RIGHTS OF JUSTICE ■ ■ _____„_„ * - ■ ■ (Prom "N.Z/Truth's" Special Chrwtcliurch Representative). I'liiiiiiiiiiiiii mi hi niiiiiiiiiinii iniiiinniini mill itiiinimifi»imiitmnniif fiiruntininuii tiimiiiiiiiiiniiiiiiiuiniiiiiiiiiiiifir^~; "."■.-"" | The trial of two men m Christchurch a f «w days j ■ | ago on charges concerning a gaming house created a I | great deal of interest among the sporting community, |; I but not nearly so much as did an utterance of Mr. .1" I E. D. Mosley, S.M., when he fined them £175 m r i -'' i the aggregate. | i ■ I ' -■ '•••-.• - ' • . ■ •. '■.';

:■=•,•" ' MR. MOSLEY'S declaration astound- fluenced by his 'local" knowledge - ed the 1 legal fraternity, and also agreeing that the law of theland niiiat those whose work brings them be observed to the letter it is Dertirient r closely m touch with the law courts to ask, despite the magistrate's diialTfl ' and legal procedure. It would seem cation to. his announcement whether that he could not have given the mat- the knights of our judicial system are' ter much thought. going to acquit or convict on evidence There are many words spoken on the given m the box and evidence only' spur of the moment, that have caused In this case —and it might haonen m irreparable harm to people and even any other class of case—was the extent to nations. of the penalty measured by "local" Mr. Mosley's announcement cannot, knowledge based on hearsay or wa<i it of course, be regarded m this light, not? " but m the interests of the public it „ . ' . cannot be permitted to pass un- '* ls co.mr "°n knowledge to anychallenged ? e. movir|B frequently m courts chdl enged. _-.. f , aw that many an injust!ce has "N.Z. Truth" holds no brief for been done when those m a judicial bookmakers m general or these capacity have allowed their judgtwo men m particular, and this ment to be over-ridden by their comment is made without any personal views. > ■ ■ :"■>-' leanings towards or against the rm v.. _wri „,»_«_„,■_ -„- „ , the case for the accused. could npt lose sight Qf One was found not guilty m the on. . Supreme Court and, through the jury The public have the right to ask: If failing to agree m the case against the a magistrate is going to listen to all second man, the Crown saw fit to the tittle-tattle that ijg bandied about abandon the charge against the latter, a bowling green or other rendezvous of "When they came before the lower sportsmen where"will it all end? ' court on thcsummary charge of keep- It must be perfectly; obvious to inying a common gaming house, m one one attaching any credence to .the instance, and assisting m the other, time-worn maxim that rumor was Mr. Mosley, m granting an adjourn- e'er a lying jade, that what Mr. Mosley, ment of the hear- or j any magistrate, ing until the major . might learn through charge was settled -_. _ # hearsay might-be a by the higher Hie frYnpriPlirP pure fabrication, tribunal, intimated . "IJ> "ApCI ICUCC .. /:Aje aU accused that he would m „ ' .persons coming b«--n o; way be bound T~"~~~~ '■ : : "• f °re the courts to by the verdict of the jury. have, their penalties adjusted by the The magistrate acted m- accordance local knowledge and experience of the with his intimation; and his actual presiding justice, magistrate or Judge? utterance at the time comprises one There is hardly a. case which' is" of the most colorful statements heard heard m our courts: of law m whicli from the lips of a magistrate m some inexperienced \ritness Is remindChristchurch, or anywhere else, for ed by either' counsel or the magistrate some time. " „ that what he heard cannot be admitted Mr. Mosley qualified his announce- as evidence; his testimony must be ment by stating that, "haying arrived based on facts and on facts alone, at my decision on consideration of the This is a most necessary provision evidence only, I am entitled to go into of law for the protection of the public. my experience and knowledge acquired By his own reasoning; is it unreasonover a number of ■ years, m fixing a able to. suggest that had Mr. Mosley penalty. .... ' not known of the business these men "I do not think lam doing the were^allege'd. to havejeen doing they accused any injury, to say that they i*™ 1* have sca Pe(* h&tev fines? have been carrying on bookmaking, Because he had hjard from his or rathor, they have been carry- • sportsmen friends that they were ing on the profession of a common bookmakers Mr. Mosley considered he , gaming hoiiss . . . since 1919. was entitled to call on that information a a J . ■, T ■.. m inflicting the penalty. "I am about a good deal. I mix To say the least it is a dangerous, SHhSfi am onVe'ZysteS * not unprecedented, procedure, enbench I stijl play bowls or. any other tirely opposed to the ethics of justice, sport m keeping with magisterial. dig- and a blow at the foundations of the nity; I hear people talking and one j' udlclal r system. : , ; . ' S&° fbS faSrJySgP on most case-hardened criminal> , business for a long period of years. .. acquitted or convicted: only , on the -.* "Though I have not had a bet with evidence adduced by the Grown, .arid..-'---them myself, I know dozens of.people the same procedure raust-^e~rlgrdiy W^UeV?&.Z. Truth"' would not sug- ered to m the lower courts of., gest tha.t Mr. Mosley's mind was in-I justice. '.. , . •■ •