RETRIAL ORDERED

Ashburton Guardian, Volume 70, Issue 129, 16 March 1950, Page 7

RETRIAL ORDERED

NEW PLYMOUTH CASE (P-A.) WELLINGTON, March 15. The Court of Appeal this morning ordered a retrial of Darby, Hogarth and Cook, who appealed against their conviction at New Plymouth last November on one of six counts namely, that on or about December 25, 1948, at New Plymouth, with intent to defraud by a false pretence, namely, by falsely representing that the sum of £B7 ISs was payable by the New Plymouth Borough Council in respect of certain work carried out at East End Reserve, did obtain from the said council a-sum of £B7 18s. The court this morning said it did not 'wish to hear counsel, for appelants in reply, but proposed to deliver judgment. Mr Justice Northcroft, delivering the judgment of the court, said that it appeared that one of the matters for consideration of the jury at the trial was the true nature of the transaction in respect of which the charges arose. That was a mixed question of law and fact, but a trial judge had treated it as one of law only. For that, reason the trial was unsatisfactory and it had been decided to order a retrial. Many other matters had been canvassed by counsel in the course of their addresses to the court in view of the court’s decision to order a retrial it was undesirable to discuss them. Accordingly the appeal was allowed, the conviction quashed and a new trial in respect of the three appellants limited to the charge contained in count two of the indictment was ordered.