EXTRADITION LAW

Wairarapa Times-Age, 23 August 1938, Page 7

EXTRADITION LAW

DECISION OF THE COURT OF APPEAL UNANIMOUS FINDING (By Telegraph—Press Association.) AUCKLAND, August 22. The judgment of the New Zealand Court of Appeal in the case of Godwin v Walker was delivered by Mr Justice Fair in the Supreme Court. The court’s unanimous judgment was that a mandamus compelling a magistrate to endorse a warrant for the extradition to Australia of a person named as a fugitive offender would be issued if necessary. “This application,” explained his Honour, “raises a question of general importance as to the jurisdiction of magistrates in the Dominion to authorise the return of fugitive offenders to the Commonwealth of Australia. The magistrate who considered the application in this case was obliged to follow a decision given some three years ago by the Supreme Court and to hold that he did not possess jurisdiction to empower the return, in custody to Australia of the person charged, but as doubts had since arisen as to the correctness of the decision, the Crown thought it desirable to ask that an authoritative ruling should be obtained from this court, and there is no doubt, that this is the most convenient and proper course in the circumstances. The question was very thoroughly and ably argued at the hearing. ' i ■ “After full consideration of the argument and the decision referred to it, the court is unanimously of opinion that the magistrate had jurisdiction to endorse the warrant.” His Honour added that the Chief Justice (Sir Michael Myers), Mr Justice Kennedy and Mr Justice Callan had written judgments in which they set out their reasons at length. Mr Justice Northcroft desired him to state that he concurred with the Chief Justice’s judgment while he himself had written a short judgment concurring with those of the other members of the court.