SUPREME COURT TRIAL

Taranaki Daily News, 20 February 1922, Page 5

SUPREME COURT TRIAL

AN UNUSUAL SITUATION. JUDGE “IN AN EMBARRASSING POSITION.” Auckland, Feb. 17. An unusual situation arose at the Supreme Court. Mr. Justice Stringer admitted one man to probation, and a plea for similar treatment was made by Mr. Singer for James John Packer, found guilty of attempted rape. His Honor, after interjecting during counsel’s address, said there was not the slightest possibility of his taking that course. Subsequently he admitted be was in a dilemma as to what course to take. Packer, had been found guilty of attempted rape on an eighteen-year-old girl at Opahi (Bay of Islands), and in mitigation of the crime Mr. Singer said that he desired to disabuse His Honor’s mind of certain aspects as presented by the evidence. First, he assured him that accused was not aware the girl was alone in the house. Another matter demanding some explanation was the suppression of certain evidence in nrisoner’s statement, to the police. This suppression had been made as the result of legal advice; the solicitor whom accused consulted, in his town, warning him that certain facts might prove incriminating. Although Mr. Singer disagreed with this course, there was no doubt, he said, that this advice had been given accused, and he had had the assurance of the solicitor in question that he would shoulder the responsibility. The prisoner was a married man with two children and of high repute. Counsel asked His Honor to consider these facts. Residents' of the district and prisoner's wife would testify as to his former exemplary behaviour.

His Honor: I do not wish to hear the wife, for, to my mind, her testimony would aggravate rather than pritigate, his behaviour. . Mr. Singer called Constable Potter, of Kaurakaura, and local residents, who testified to prisoner’s high repute in the district, and asked His Honor to consider admitting Packer to probation.

After replying that he could not possibly adopt the latter course, Mr. Justice, Stringer added: “I must say I don’t remember ever having been placed in so embarrassing a position in connection with a case as I find myself now. After the case has been concluded and the jury arrived at its verdict, I am practically invited to reconsider the case because prisoner, on account of what I must characterise as extraordinary and foolish advice given him, has been committed to a line of defence which has prevented certain facts being brought forth, which would have very much mitigated the facts against him.”

His Honor added that he must have time to consider what course to take. He was certainly not going to weaken the protection he thought young girls should be afforded by admitting the prisoner to probation, but he was certainly placed in a most difficult position He said he would consider the ease until