OHINEMURI LICENSING CASE

Taranaki Daily News, Volume LII, Issue 75, 24 April 1909, Page 5

OHINEMURI LICENSING CASE

By Telegraph.— Press Association. Wellington, Friday. A short judgment was delivered by tlie Court of Appeal in the ease Cock and others v. the Attorney-General and Mr. Justice Sim. Mr. Justice Williams made a statement in this ease that Mr. Justice Sim is anxious to arrange sittings of the inquiry if he has power to do so. That being so the Court. I* unanimously of opinion that the plaintiffs are entitled to a writ of prohibition to prohibit thu holding of the inquiry. The Court will formulate its reasons for that decision in &• few days. The question of costs meanwhile will stand over. Napier, Last Night. Asked as to the likelihood of an appeal in the case of Cock and others v the Attorney-General and Mr. Justice Sim, Dr. Findlay said he had no doubt the matter could be taken to the Privy Council, but he could not say what attitude of. Government would take. Although he was nominally defendant, his position was a mere formal and technical one.

The case was a motion for prohibition for certiorari and for an injunction removed by consent and by order of Mr. Justice Cooper into the Court of Appeal for Argument. The plaintiffs were the elected members of the Ohinemuri Licensing Committee in June, 1900. Oil February 27, 100!), his Excellency the Governor, acting by and with the advice and consent of the Executive Council, appointed Mr. Justice Sim a commissioner to inquire into certain charges of bribery made against the plaintiffs -while members of the Ohinemuri Licens- j in» Committee. The recital, in the commission was as follows: —"Whereas it has been alleged in connection with an application made to the Licensing Committee of Ohinemuri in o r about the month of June, 1900, by one Maurice Goggan, power for the grant of a license in respect of premises situate at Pacroa. money was paid to several members oi the committee as bribes to support the application," etc. Plaintiffs moved in the Supreme Court for a declaration that the commission was null and void, on the ground that the Governor-in-Couueil had no power to issue a commission to inquire into an alleged criminal offence, and that the commission was consequently illegal. The plaintiffs also claimed a writ of certiorari to quash the commission, and a writ of injunction or a writ of prohibition to restrain Mr. Justice Sim tlrcn proceeding with the commission upon the same grounds. Mr. Skerrett. K.C., Mr. Baume, K.C., and Mr. Luckie appeared for the plaintiffs, and Mr. Chapman. K.C., and Mr. D. M. Findlay for the defendants