COURT LIARS.

Auckland Star, Volume LVI, Issue 90, 17 April 1925, Page 7

COURT LIARS.

» PERJURY IN THE WITNESS BOX. A DETERRENT NEEDED. FORTY-EIGHT HOURS, SAYS MAGISTRATE. There is a story of a Chinaman who was called to give evidence in a court case, and who, when asked what form of oath he would take, replied: "Mc blow out match, cut urn cock's head off, liekum Book, or say 'God dam!' Him all same to Englishman!" If one may judge by the notorious amount of lying that is practised in courts of justice, there must be very many witnesses who treat the preliminary oat_i with as much unconcern as the ignorant Celestial did. Questioned this morning by a " Star " representative, Mr. J. W. Poynton, S.M., estimated that one third of those who testify in courts of law do not tell the truth. "Somebody is Lying." That "' somebody is lying" is a fact that is apparent in many cases, both in the Supreme and Magistrate's Courts. The conflict of evidence is sometimes so grave that learned judges find it necessary to themselves question witnesses most carefully, and to comment sternly on what they realise is false. It was only a day or two ago that a barrister appearing in an ordinary by-law case in the Police Court exclaimed that " it is clear that one party in this action is lying." It is those who sit constantly in the courts who really realise what a tremendous volume of falsehood taints i" the pure fountain of British justice."

Lying has always been the bane of the Courts," said Mr. J. W. Poynton, S.M. " Five hundred years ago the punishment for it was boring the tongue with red-hot iron. There was just as much perjury in those days as there is now. Even at the institution of the Lord's Supper, some of those present were not exempt, as shown by Peter, who, on the same dayi denied that he knew his Master." Mali Reason For Perjury. The Magistrate expressed the opinion that nine-tenths of the perjury committed in Court was done by friends of accused persons as a means to getting the latter out of their predicaments. There was little perjury that actually injured other people, and that was the great danger of the offence. In this way justice was defeated. Fortunately, however, judges and magistrates were so used to lying w-itnesses that tliey could " see through" them at once so much so, that false statements, sworn )n sacred oaths, did not often affect judgments. Frequently judgments were given against the depositions of half a dozen witnesses, for the Bench, after weighing the facts impartially, realised that their evidence was nothing more than a " frame-up." Summary Method Needed. That there should be a summary method of dealing with palpable liars in courts, instead of the existing roundabout formality of an indictable offence was the opinion of eminent judges am nearly all magistrates. There shouk be a much shorter method of dealinj with this class of offence, especially with the " genial perjurer," who pourei out false words to help a friend in need A sentence of even forty-eight hour would be more of an effective deterren in such eases than the present cumber some method, was Mr. Poynton'; opinion. Recent Examples. A noted Auckland solicitor stated thai ihe did not think that the percentagi jof lying witnesses was quite as high a* I one-third, but he cited two or three casei iin which it was proved that, eithei through malice or some other inexcusable ■cusable reason, witnesses had sworn tc Almighty God that their testimonies . would be nothing but the truth—anc . had followed it up with a tissue of lies |In a case, not long ago, two girls swore Ito a series of grave incidents allegec ! against a young man, who was, however acquitted. Later, the girl witnesses con jfessed that they had deliberate!} j trumped up their evidence in order tc spite the man. against whom they bac a personal grievance. Lying and Perjury. There is a difference between lying; and actual perjury, which may accouni j for the infrequency of prosecutions foi the offence. One lawyer defines a couri j liar as a witness who testifies on oatl that which is false, and a perjurer j | witness who gives a false statement i knowing it to be false. It is easy tc | make a mistake in the witness box. On< | may be called upon to recount some j thing that had happened many months before. Under these circumstances, ii i would be quite possible for one's deposi I tion to be false, but through a trick 01 memory and not in an attempt to per jure one's soul. But downright perjury is a differenl story. There are people who will g( into the witness box and lie and lie anc lie, and do so without any pricking o conscience. These liars can be respon sible for grave miscarriages of justice and they should be delt with in a inannei such as will act as a deterrent ti those who feel inclined to follow in theii footsteps.