COUNSEL OBJECTS.

Auckland Star, Volume LXIX, Issue 300, 20 December 1938, Page 13

COUNSEL OBJECTS.

BREEZE IN COURT. JUSTICES ON THE BENCH. | DETECTIVE AND HIS NOTES. ; The lengthy hearing of three charges of unlawfully using instruments on two girls, brought against. a middle-aged woman in the Magistrate's Court yes-. ! terday, was marked by verbal exchanges which • occurred between Mr. I. J. Goldstine, who appeared for the accused, Detective-Sergeant A. G. McHugh, who prosecuted, and the two presiding justices, Messrs. S. Leah and C. E. Phillips. * ■ ' > The first breeze occurred during the morning just before the luncheon adjournment was taken, Mr. Goldstine complaining about a private conversation between the prosecutor and the bench. However, Sir. Goldstine accepted the assurances by- the bench and Detective-Serge ant McHugli that there liad been no private discussion. Late in tilie afternoon, when Detective R. H. Waterson was corroborating the evidence given by v Detective-Sergeant I«\ NV Aplin, concerning a visit to accused's home and an interview with her, Mr. Goldstine objected to DetectiveSergeant McHugh attempting to question Detective Waterson until he had .finished his account of the interview. 'Tlien counsel objected to the detective refreshing his memoiy from notes of the conversation between DetectiveSergeant Aplin and the accused. ' These, the witness said, were taken by him at the time. : A few moments later the same objection was repeated. "Look," said Mr. Goldstine, "the witness, is reading from his notes. This is an injustice and is most irregular. lam not going' to proceed until my objection is noted on the depositions " • v Mr. Leah: The bench has been watching the: witness and he has. not been reading' from • his notes. Mr. Goldstine: Well, sir. I have been watching the bench and the bench has not been watching the witness. Look, he is reading his notes now while. I am addressing your Worships. Mr. Phillips said Mr. Goldstine had not objected previously when a doctor referred to his notes. "Ah, but expert witnesses such as doctors are permitted to read from notes, but ordinary witnesses can only refresh their memory from them. They cannot read from them. With all due respect to the bench, X say that you gentlemen cannot appreciate the difference between relevant and irrelevant evidence. I have a duty to perform to my client and no matter what the conseouences I'm going to do it/V Mr. Leah: The witness has only glanced at his notes out of the corner of his eye. Mr. Goldstine: Well, 1 want that down. . That's some admission, at any rate. I say advisedly that such cases should be heard before magistrates who are-trained to appreciate law. It is very difficult for counsel to make an objection to men who cannot appreciate the difference between relevant and irrelevant evidence. , ; j ' Astounded at Attitude. Detective-Sergeant McHugh: I have listened to my friend's bombardment. X am astounded at the' attitude he has taken up.. The police have sifted the evidence carefully and is only presenting that which is admissible. This_ is a 'police case and if there is anything wrong with it, then the Supreme Court will" deal with the matter. "Well, I'm not going to proceed until my objection is noted," said Mr. Goldstine "If I cannot get a ruling from the bench I will ,get it from another and I will not proceed without it. I will not take the consequences. It is a great pity 'inexperienced men are put on the bencli to hear cases of this kind. . ' -'Mr. Leah: That is a statement that should be challenged. It is not a proper remark to make, Mr. Goldstine. Some justices have had longer association with the- bench than, counsel lias had with the leaal profession. It is surprising to hear sueli remarks passed. "Well," said counsel, "I - make my statement advisedly and with a full sense of responsibility and understanding of the dignity of the bench's office. I hope that what. I have said may have some effect in the future. . . Counsel's objection was then noted bv the clerk on' the depositions, together with a note dictated by Mr. Leali as follows: "The bench expresses- the opinion that as a result of their olwervance of the witness definite reading had not taken place since the occurrence mentioned earlier."