THE SCANDALOUS AFFIDAVIT.

Otago Witness, Issue 2362, 1 June 1899, Page 11

THE SCANDALOUS AFFIDAVIT.

MR JELLICOE SUSPENDED FOR THREE MONTHS.

LEAVE TO APPEAL GRANTED.

WELLINGTON, May 23. The LaAV Society's motion to strike Mr Jellicoe off the rolls came on before the Chief Justice and Justices Williams, Denniston, and Conolly this afternoon. Mr Jellicoe desired first to take his motion for a rehearing of the action of Steinmann v. Comte De Courte, but the judges refused, saying that could be dealt Avith at any time by the Supreme Court, but they Avere there to hear the LaAV Society's application.

Mr Jellicoe then proceeded Avith his defence. He Avould admit that if the affidavit attacking Judge Edwards had been filed in bad faith" the act would be desen-ing of censure, though it might not warrant the court dealing Avith it under the LaAV Practitioners Act, and he Avould be the first to see that an apology Avas offered ; but he contended,' and he thought he would satisfy the court, that the only motive Avas to protect and further the interests of his client. He then read a number of affidavits from the girl Stcinmann and others to the effect that they had reason to believe Mr Justice EdAvards Avas not a proper judge to try such a case. Proceeding, Mr Jellicoe quoted several decisions of the Privy Council, Avherein it had been held that although a solicitor had been held guilty of contemptuous conduct and punished for that offence, it Avas not a sufficient offence for which his name could be struck off the roll or for suspending him from practice. Ho mentioned certain offences for which a solicitor could be removed from practice, but the offence of which he Vvas recently adjudged guilty Avas not one of those. Mr Jellicoe stated that the present proceedings were the result of spite and animus on the part of the Law Society, and Avas stronglyrebuked by the court, for suggesting such an idea. In concluding his reply to the motion to make the rule absolute, which occupied oyer tAvo hours, Mr Jellicoe said the good character he had brought from England 15 -years ago Avas unsullied, and would remain untarnished by, anything their Honors could do or say. Mr Chapman, for the LaAV Society, briefly ' replied, contending that ' the affidavit' Tcon- , cerning Judge EdAViirds Avas not filed bona fide, but'had 'been done for special reasons not mentjonedby Mr Jellicoe. lie declared that the. Avhole' of the charges mentioned in Ihe affidavit were the tittle-tattle of a barber's shop, without a scintilla of truth.. Their Honors were entitled to deal Avith the matter in their summary jurisdiction, and he felt confident the court vould find that there had been no attempt to show that the affidavit was made bona fide.

After a brief consultation Arßh his colleagues, the Chief Justice said he regretted Mi' Jellicoe had not appreciated the grounds on Avhich the LaAV Society had based tha application. Their Honors did not intend to go so far as the society, Avhich asked to have him struck off the rolls, but would proceed under the succeeding section, vrhich provided for suspension or pur.ishHie;n> by, some other means. Mr Jellicoe. ho sdid, appeared to entertain the notion that because a judge had been mixed up with g, similar case to that in which Mr Jellicoe had a client, he was not a proper person to hear such a case, as he Avas likely to possess bias ; also, that there was no im ■ propriety in impugning bias to a judge and bringing the matter before the court. His oAvn opinion of the affidavit, coming from an experienced practitioner, Avas that it was done intentionally, and for the purpose of insulting a particular judge. Therefore, however unpleasant, he thought the court should insist .that such professional conduct must be met Avith punishment, not only in the interest of the public, but the court and profession as well. He concluded by saying that the court had decided to suspend Mr Jellicoe practising as a barrister and solicitor for three months. This, he felt satisfied, would prevent a repetition of such unprofessional conduct.

Mr Justice Williams said that if a young ])ractitioner had been gnilty of the offence there might be some excuse, but there was none in this case. He Avas confident that the affidavit Avas not filed bona fide.

Mr Justice Denniston concurred, and could not conceive how an experienced solicitor could in cold blood have drawn up and signed such a document as was recently ordered to be removed from the records of the court.

Mr Justice Conolly said the only reason he had for disagreeing with the judgment of the court Avas that they had been too lenient to Mr Jellicoe. The latter had been defiant throughout, and only this afternoon, in his concluding words, had shown disrespect to the court, and the words were most improper.

Mr Jellicoe asked to have the order suspended for tAvo months, to enable him to arrange his business. »

The Court suspended the order for 14 days on condition that Mr Jellicoe did not appear in any court in the meantime ; therefore the suspension operates at once, and Mr Jellicoe was ordered to pay 15 guineas costs.

Mr Jellicoe moved for and was granted^ leave to appeal to the Privy Council.

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May 27.