PRESS AND COUNSEL

Rotorua Morning Post, Volume 1, Issue 74, 18 November 1931, Page 6

PRESS AND COUNSEL

NAMES PUBLISHED JUDGE'S COMMENT ON OMISSION PUBLIC INTERESTS INVOLVED The conduct of the defence of George Errol Coats, who was found guilty of murder and sentenced to death on Wednesday, was highly praised by the Judge, His Honour, Mr. Justice Blair, when granting leave to reserve questions of law arising out of the trial for consideration by the Court of Appeal. His Honour also referred to the question of the publication of the names of counsel, and read a memorandum by the Chief Justice (Sir Michael Myers) on the subject. "At the conclusion of the trial of the prisoner I omitted to do sornething which I ought to have done," said Mr. Justice Blair. "I made no reference to the care and skill displayed by Mr. Treadwell and Mr. James in their conduct of the defence of the prisoner. The responsibility of undertaking the defence of a prisoner charged with a capital offence constitutes a heavy burden on his counsel. It is the very gravest responsibility that can be undertaken by any counsel. When, as in this case, the result is adverse to j the prisoner, it is proper for a Judge, j if satisfied that the accused has been adequately defended, to make such plain so that the public are made aware that the result, though adverse to the prisoner, was arrived at after a proper trial. His counsel, Messrs. Treadwell and James, presented his case with outstanding skill and ability, and everything that could have been done was done by them on his behalf. "I have observed that the newspapers in their reports upon this case have for some reason abstained from naming the counsel engaged, and I shall be grateful if they quote my remarks concerning counsel — and in the public interest such remarks should be published — if they will do so without paraphrase. "In this connection I think I should say that during the hearing of the case I received a memorandum from the Chief Justice which I deferred making public because it appeared to me better that the question should not be touched upon during the hearing of a murder trial. At the Chief Justice's request I now read his memorandum, with which, if I may say so, I respectfully concur. It is as follows: — Chief Justice's Views " 'There is a point arising out of the reports of the Coats trial in both Wellington daily newspapers to which I consider it my duty to draw attention. Both newspapers state that the case for the Crown is being conducted' by "the Crown Prosecutor and the Assistant-Crown Prosecutor," and both state that "two counsel have been briefed" on behalf of the accused. In the first place, the reference to the "Assistant-Crown Prosecutor" is wrong. There is no such official position known to the Court. That, however, is a mere inaccuracy which may be passed over. The point to which I draw attention is that the. names of counsel are suppressed. From time immemorial it has been the practice in all British countries in reporting Court proceedings to give the names of counsel. There are very good reasons why that practice has obtained, and should obtain. Firstly, the personnel of counsel appearing in any partieular case is a matter of public interest which the public are entitled to know. Secondly, and much more important, it is fundamental in the administration of justice that the conduct of Court proceedings and of every person engaged therein should be open to public criticism, and without the. publication of the names of those taking part in the proceedings such criticism may be stifled or misdirected. "I feel very strongly that a departure from the practice to which I referred is contrary to the public interest and to the best interests of the administration of justice, and for 'that reason I consider it my duty to speak, and to speak promptly. I cannot help thinking that the editors in directing or sanctioning the departure from a recognised and old-estab-lished practice have failed to give due. consideration to the reasons affecting the public interest upon which that practice is based, and I hope that upon these reasons being now brought to their notice they will see that the practice is reverted to. I make this appeal to them in what I believe to be the best interests of justice.' " II '■■■■■ I — — ■ — — — — — mmmmi i —