PROSECUTION OPENS

Rotorua Morning Post, Volume 3, Issue 721, 22 December 1933, Page 5

PROSECUTION OPENS

I (press Assn.

I case adjourned but • > 1 judge's remarks i significaNt i "illegally detained

— By Telegraph — Copyright) .

I (Rec. Dee. 21) I Loridon, Dec. 20. ■ Despite a protest by counsel for I General O'Duffy, including three ■ Kingls Qo unsel, the hlabeas corpufc | application was adjourned till toI jjnorrow. I An affidavit by the driver of Genleral O'Duffl's car stated that General 1 O'Duffy and his companions wore I cvercoats, and - only small portions I of their blue shirts were visible. His Isupporters carried General O'Duffy I io the platform and clamoured for a jspeech. Directly he spoke the superI jntendent of police arrested him, givI ing no warning that the meeting was Ijllegal or had been proclaimed. I Mr. J. A. Costello, K.C., for the defence, said: "The superintendent, though aware of th'e hahaes corpus application, has changed the deffendants from civil to military custody. lt is a case of arresting first and then tliinkiiig out the charge. I know of nothing more outrageous." ,Mf. Justice Johnston: The complaint is tliat the charge is not indicated. Mr. G. Gavan Duffy, K.C., for the prosecution said: "I do not want tc pccupy timo unnecessarily." Mr. Justice Johnston: "My time is of small account compared with the ■liberty of the men. From the material 6ubmitted no offence has been comniitted. Prima facie they are perfect]y innocent and are illegally detained. I will adjourn the case to enable the superintendent to reply.