ABSENT PRISONER

Sun (Auckland), Volume III, Issue 745, 19 August 1929, Page 11

ABSENT PRISONER

“DON'T LET IT OCCUR & AGAIN” T' JUDGE REBUKES COUNSEL Because a young man awaiting 1 sentence for forgery was not notified of the date he was to receive his punishment, he did not appear in the Supreme Court this morning- " This court does not exist for the benefit of the criminal community,” commented Mr. Justice Herdman cuttingly to Mr. Matthews, who endeavoured to excuse the absent prisoner, Allan Walter Adams, aged 20. vyHEN the prisoner was called, Mr. Matthews intimated that owing 10 a misunderstanding his client was not present. Apparently prisoner had not been notified by the police. Counsel admitted having received a message that the case was to be called, but he had never had to notify a prisoner before. His Honour: Apparently the court will have to await the convenience of the' prisoner. Who is to blame? “I don’t want to lay the blame on anyone,” replied counsel, who reiterated he had never previously been asked to notify the prisoner to appear. "He is out on bail?” asked his Honour. • "Yes,” replied counsel, who explained that the bond was provided by prisoner’s mother. "It is either yours or the prisoner’s duty to make himself acquainted with the fixture,” observed his Honour, who asked the Crown Prosecutor if he intended asking for the confiscation of the bail. Mr. Meredith said that he would not ask for estreatment of the bond. There was a regular sitting for sentencing prisoners and there was no responsibility on the police to go chasing round to notify prisoners. His Honour reiterated that it was prisoner’s or counsel’s duty to become acquainted with the fixtures. Counsel had been notified by courtesy of the court when the case was coming on"It is something new in my experience,” argued Mr. Matthews. "Your office was notified on Friday,” commented his Honour. "Yes, I got the message,” added counsel, in expressing regret at having caused the court any inconveni- ! cnee. i "Very well,” added his Honour, "but 1 don’t let it occur again, Mr. Matthews.”