HABEAS CORPUS

Wairarapa Times-Age, 6 October 1939, Page 6

HABEAS CORPUS

FAILURE TO OBEY WRIT. JUDGE ALLOWS BRIEF DELAY. (By Telegraph—Press Association.) CHRISTCHURCH, This Day. Although Judge Northcroft on Tuesday granted a writ of habeas corpus, calling on Helen Christie Falconer to appear with her son in court today, she did not appear, but the judge received a letter and a doctor’s certificate to the effect that the boy was not well.

“Under these circumstances it is most difficult to proceed.” said Mr Thomas, who was appearing for George Falconer, father of the boy, who had obtained a writ of habeas corpus, seeking to gain custody of his son.

“It appears that this woman is positively recalcitrant,” said the judge. “I shall take no notice of her letter. This case can be dealt with only by proper procedure of the Court, and she must understand so. This certificate as to the boy’s health is only such a one as any complacent doctor might write, but might not be prepared to maintain under cross-examination.” If plaintiff wished to proceed for a writ of attachment, the judge concluded, he would hear counsel upon it. Mr Thomas said that if the question of the boy’s health were seriously raised he would ask Mrs Falconer to permit an examination by other doctors. “Since it seems that what prevents the boy from being brought to Court today is very trifling and should soon be remedied. I shall stand the case down until Monday week,” said the judge. “In the meantime I hope this woman will be brought to a proper sense of the situation.”