CRITICISED.

Auckland Star, Volume LXIX, Issue 114, 17 May 1938, Page 8

CRITICISED.

CASE FOR CROWN.

COUNSEL'S SUBMISSIONS

EVIDENCE CHALLENGED,

All the i;vidiMK-e having alreadv been heard, the case of flutlin Nantes Mackenzie, iigcd -l:j, director of the New Zealand Institute for tho Blind, charged an 10 informations with indecent assault on males between December 17. 1933. and March ii<). 10:ss. came before Mr C. R. Orr Walker. S.M.. in the L'oliie Court Him afternoon, when Mr. A. 11. Johnstoiie. K.C., counsel for accused, made lengthy su!>mi->ioti.s during which lie strongly criticised the evidence given for the prosecution. Detective-Sergeant A. C. McFlllgh. win. prosecuted. ivnH iiguiii present, and Mr. V. 1.. <;. West appeared with Mr. Johnstone for acciK-ed.

Old and Stale. "This series of ideas." said Mr. Johnstone, "•presents a number of unusual mid, in many respects, extraordinary features. Accused is a man of hitherto untarnished reputation who has held the position of director of the Institute for the Blind for some 15 years, and now he is brought before the Court to anewer 1(! charges of offences, said to have beer, committed against inmates and ex-inmates of the institution.

"Three of'the offences are alleged to have taken place in 193.1, between two and three years ago, four are said to have taken place in 1930—a1l more than 18 months ago. Four are said to have taken place in 1937. As to one, no evidence was tendered whatsoever. Then there are three dated 1938. Now, eir, these dates are, iii my submission, of the greatest importance because it is quite impossible at this distance and time to answer charges so old and stale. Who can say what he was doing in or five or even more years later?

On that ground it was Hiibmitted all of the older cases should be dismissed.

Mr. Jolnistone quoted authorities in support of his submission that it was unjust to bring charges of the kind preferred against the defendant after the lapse of a considerable period of time. Further, it was submitted the charges Telated to isolated events. There was no practice proved as concerning any individual.

It is alleged that something in the nature of an examination was made of various inmates, and there was no complaint by the inmates concerned. There was no corroboration. Evidence that the accused assaulted one person was not proved or corroborated by statements that be assaulted another.

"Skeleton Evidence." It was pure skeleton evidence on which it was sought to hang suspicions. The inmates were in eome instances mentally backward.

Heavy penalties were provided in connection with such charges, and the damage done to characters was more difficult to live down than that in any other crime. Therefore, no Court would be justified in finding that the charges were proved unless the evidence was full and conclusive. Whether an act was indecent or not was a question of fact and the evidence must be considered in the light of all the surrounding circumstances. (Proceeding.)