"LO, THE POOR INDIAN."

Auckland Star, Volume L, Issue 254, 25 October 1919, Page 11

"LO, THE POOR INDIAN."

DID H__ UNDERSTAND ? Mis-trsE of the woed Guilty. A matter, 'which rather aptly illu6itrates the old saw about the law's delay reached the penultimate stage of its career at the Auckland Supreme Court this morning. In only last yeax an InI dian named Nnnda was up before the police court at Te Awamutu and pleaded (guilty to a charge of opening letters j belonging to a fellow-countryman named Babu Ram." On that charge two justices committed him for trial to the Supreme Court. Thi, morning, Mr. R. A. Singer asked the court to quash the order for committal on the grounds that the accused had only an imperfect knowledge of English, that he admitted opening letter-, but that he did not intend pleading guilty to an offerfce. Mr. Singer contended that where there was a suspicion ;that a foreigner did not thoroughly understand the proceeding- or the effect of / his plea, the court 'was bound to see that (the prisoner.did not suffer. As a matter I of fact there was no such word as guilty jor not guilty in the Indian language. I Counsel thought it would be more satis- ! factory- in such cases if there were an I affidavit from the interpreter saying that everything had been fully made clear to i prisoner. As far as the letters were i concerned the accused was entitled to open them,. as Babu Bam owed him money and told him to open the letters. The Hon. J. A Tole, Crown Prosecutor, pointed out that the section of the Police Offences Act under which the prosecution was laid did not require that there should be felonious intent. It was I quite sufficient to open letters and detain the contents. With regard to their being no word for guilty in the Indian language, it was the same in Maori, but other words meaning the same thing were employed. His Honor said he thought is was'rery important in the administration of j'ls" tice, especially under that somewhat peculiar clause of the Justices of the Peace Act, that the greatest care* should ■be taken to ensure that the accused fully appreciated the effect of his plea, especially in the case of a foreigner.' He had had one or two cases in which the prisoner had pleaded guilty when tbe depositions clearly showed that he was not guilty, the reason being that the accused .failed to appreciate the effect of his answer. In most cases to justify a plea of guilty there must be a particular intent in the act committed. \There there was a donbt as to whether a man fully appreciated the effect of his plea every facility should be given to re- j open -the case. In the present case he I was not prepared to say how the matter I strupk him, but h e would look through: the affidavit and give a decision early I next week. ! In answer to -a question Mr. Singer said the accused was still on bail.