ROTO ROA INMATE

Sun (Auckland), Volume IV, Issue 1054, 19 August 1930, Page 16

ROTO ROA INMATE

WEALTHY FARMER SEEKS RELEASE “STARTLING PROCEDURE” “It is a startling procedure that can only be justified by special circumstances,” commented Mr. Justice Smith, in the Supreme Court yesterday afternoon, during argument upon the application of Cecil Hazlett for a writ of habeas corpus, for his release from the Roto Roa Island Inebriates’ Home. This observation was provoked when Mr. V. N. Hubble, who opposed the application, contended that a magistrate could. In special circumstances, proceed with the hearing of a complaint without notice or warning to the person concerned. This procedure was only applicable in special circumstances, of which the magistrate was sole judge. Continuing his argument, Mr. Hubble pointed out that Hazlett had not applied for an adjournment of the proceedings and had tacitly acquiesced in them by participating in them. He contended also that Hazlett recognised by his subsequent conduct that the proceedings were in order. His brothers had acted bona fide and in the man’s best interests. After hearing further argument by Mr. J. J. Sullivan on behalf of the applicant, Mr. Justice Smith reserved his decision, stating he would endeavour to deliver it on Friday morning. Applicant was released on bail meantime.