THE HEWER CASE.

Auckland Star, Volume LXVI, Issue 234, 3 October 1935, Page 13

THE HEWER CASE.

BAIL NOT ALLOWED.

DECISION OF. FULL COURT.

CONTENTIONS OF COUNSEL,

(By Telegraph.—Press. Association.)

WELLINGTON, Wednesday,

Application to the full Bench of the Supreme Court was made unsuccessfully this afternoon by Mr. R. A. Singer, of Auckland, for bail for George Frederick Hewer, who is at present awaiting trial at Auckland on charges of unlawfully using an instrument with intent to produce a certain result and also unlawfully causing the taking of a noxious drug.

Hewer was refused bail when first he was brought before Air. W. R. Mclveau, S.M., on July 24, and again on July 31. On August 0 he was granted bail by Mr. Wyvern Wilson, S.M., on a bond of £500 with two v sureties of £2.30, and that bail was extended until September 2, when he came before the Court on a preliminary hearing. After the preliminary hearing lie was refused bail by Mr. F. K. Hunt, S.M., and again subsequently when application was made to Mr. Justice Fair on September 11. Mr. Singer said there were two applications before the Court, the first an application to review the judgment of Mr. Justice Fair refusing bail and the second a fresh motion for bail to the Court direct.

On the first application the Court indicated that it was of opinion that it had no jurisdiction to review Mr. Justice Fair's decision, and Mr. Singer then proceeded with his fresh application. He contended that an accused person was presumed to be innocent until he was proved guilty and the whole object of bail was to secure the attendance of an accused person 011 his trial and avoid his absconding in the meantime. "Accused Prejudiced." There could be 110 doubt that accused would be prejudiced in his defence unless 110 were admitted to bail, as the case was one involving considerable technical evidence. The stronghold of Mr. Singer's argument was that 110 man should be refused bail unless solid reasons were advanced l>y the Crown to show that bail should not be allowed. The Solicitor-General submitted that the Court had 110 jurisdiction to hear the fresh application, as the matter had been wholly disposed of by Mr. Justice Fair. He submitted that although conditions had changed considerably since the law 011 bail was first established, making detection easier for the police, escape from the point of view of the criminal was also greatly facilitated. The Chief Justice, Sir Michael Myers, delivering judgment, said it was unnecessary to consider whether or not the Court had jurisdiction to consider the fresh application before it, because it had had the benefit of argument upon the merits and had formed the opinion that the principles laid down by Mr. Justice Fair were correct and it could see 110 reason to differ from that judgment.