NO SECRECY.

Taranaki Daily News, 3 October 1921, Page 6

NO SECRECY.

AN ACCUSED MAN’S NAME. REFUSAL TO PROHIBIT PUBLICATION. In the Magistrate’s Court at Wellington on Wednesday, Percival Richard Waddy (46 years of age), was charged before Mr. F. K. Hunt, S.M., that on Saturday, September 24, at Wellington, he indecently assaulted a girl seven years of age. Chief-Detective Ward asked for a remand. Mr. Cornish, after agreeing to the remand, suggested that the previous bail of one surety in £l5O should be renewed, and- said: “I appeal with confidence to Your Worship to order that the a«*cused’s name should not be published in the newspapers in the meanwhile.” The magistrate- Your confidence is misplaced. Mr. Cornish: Your Worship will hear me out? The magistrate: Certainly. Mr. Cornish: Hero is a. man arraigned on a very serious charge, and while we are ready to go on -*the prosecution is not ready. I find no fault with the chief detective in respect to that, but it is not fair to the accused to have his name published broadcast. MTien the case comes on for hearing- it will be time enough to publish his name. The magistrate: Why should an exception be made in this man’s case? Mr. Cornish: Where a man has not yet been put on his trial it is unfair to publish his name. This man has had no opportunity of bringing forward evidence to prove his innocence. Furthermore, the accused’s employer is concerned in the matter. He wants the man to go on with his work, which requires a great deal of concentration. His employer will suffer if the accused’s name is published; the employer will suffer for his generosity to the man, ror the public will prejudice the ease, and will say he is guilty. The public have not a judicial mind. The employer should not. be prejudiced in this way. I ask that the man’s name be not published in the newspapers at this stage, and 1 make that request as much on .behalf of his employer as for the man’s own sake. ,

Mr. Hunt: I do not propose to make any such order. » I am not going to make fish of one and flesh of another, ft is an order that should be very sparingly used. It is desirable to have the greatest publicity in such cases, for it

often leads to fresh evidence being ob tained.

Mr. Cornish: Is it not pandering to the prurient tastes of the public? His name was withheld from publication previously, not because he was a highly educated man, but because he was not placed on his trial. I have made a similar application in the case of a wharf laborer. There is nothing in common law sanctioning the publication of the name

Mr. Hunt: I am not going to make the order. If I did so I would have to prohibit the publication of every name under similar circumstances.

Mr. Cornish: That should be done in every case where the accused is not placed on trial. Mr. Hunt: The publication of the name may bring in fresh evidence. He is remanded to Wednesday, October 5.