QUESTION OF PROCEDURE.

Taranaki Daily News, 8 September 1922, Page 6

QUESTION OF PROCEDURE.

STRICTURES BY JUDGE. In the course of his judgment in the appeal of Frederick Locke, licensee _of the Waitara Hotel, against his conviction for alleged breaches of the licensing laws. His Honor Mr. Justice Chapman made some adverse strictures concerning the procedure adopted in convicting the appellant. The judgment said: ‘‘The Magistrate convicted the appellant. To my mind an inconvenient and embarrassing course was followed. Instead of witnesses being called at the hearing a statement of facts was agreed upon by the sergeant, who prosecuted, and the solicitor for the defence. That this is, to say the least, an inconvenient procedure in a criminal case, is made manifest when it is found that the Magistrate has gone beyond this statement of facts, at least when dealing with one of the offences. It is further to be observed that unless the regular course is followed, section 70 of the Justices of the Peace Act, 1908, cannot be complied with, while sections 73, 82, and other sections, contemplate hearing by witnesses when the case is defended. This case, as will be seen, was essentially one in which witneses who were available should have been called. A case on appeal should either state the evidence called in order that the Court may judge whether, viewed in the most favorable light, it supports the decision, or it should embody a statement by the Magistrate of the facts as found by him, such finding being based upon the evidence he has heard. This, no doubt, may be supplemented by definite .admissions freely and explicitly made and the argument and judgment should be restricted to the matters thus definitely brought before the Court appealed from.”