REPORT CRITICISED
COMMENT FROM BENCH ALLEGATIONS AGAINST PRIBONER PROBATION OFFICER CENSURED "In the- probation officer’s report I am told that this prisoner is suspected of similar other thefts. Such a statement should not be placed before the Court,” commented the Chief Justice, Sir Michael Myers, in the Supreme Court, Hamilton, to-day, when Kepa Te Wharau (23), labourer, of Te Aroha, appeared for sentence following his pleading guilty In the Magistrate’s Court, Te Aroha, on May io, to a charge of breaking and entering. Prisoner was sentenced to 12 months’ reformative detention. “If prisoner were represented by counsel,” said His Honour, after perusing the probation officer’s report, "it would be the duty of such counsel to complain of certain statements in the report, but as prisoner is not represented I must refer to them myself.
“In the report I am told that the prisoner Is suspected of lar other thefts. A man le no more to be sentenced by a Judge on suspicion than he may be convloted by a Jury on suspicion. Of course, no Judge is affected by a statement of the kind but It would be very difficult for the prisoner to believe that and, Indeed, there are other members of the publio who could not understand either that a Judge’s mind is not Influenced by euoh statement*
“Justice must not only be fair, it must also seem fair,” His Honour added.
He hoped that it would not be necessary in future to refer again to the matter. There was also another statement, to the effect that prisoner’s father-in-law had been convicted of an offence involving dishonesty. That again was a statement that should not be placed before the Court.
“I would like to say, Your Honour, that the Hamilton probation officer is not responsible for this report at all,” said Mr H. T. Gillies, who appeared for the Crown. “I do not care who was responsible,” replied Sir Michael. “All probation officers should understand that such statements must not come before the -Court.”
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https://paperspast.natlib.govt.nz/newspapers/WT19380513.2.55
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Waikato Times, Volume 122, Issue 20497, 13 May 1938, Page 6
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336REPORT CRITICISED Waikato Times, Volume 122, Issue 20497, 13 May 1938, Page 6
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