LETTER TO S.M.

Auckland Star, Volume LXXIV, Issue 74, 29 March 1943, Page 4

LETTER TO S.M.

A SEVERE REBUKE

N.Z. ALLIANCE ACTION

The New Zealand Alliance for the Abolition of the Liquor. Traffic was publicly rebuked by the senior stipendiary magistrate, Mr. J. H. Luxford, in the Police Court this morning.

"I wish to draw attention to the unfortunate action of the New Zealand Alliance in writing an improper letter to the Court concerning the judgments of the Court in these cases," said Mr. Luxford, after he had sentenced a man for selling liquor without a license.

The magistrate said the purport of the letter he had received was that the Court should not authorise the Superintendent of Police -to sell liquor seized in sly-grog premises, but that it should be destroyed.

"The letter might be the subject of other proceedings," continued Mr. I uxford. "I am drawing attention to this matter because of similar letters which have been sent to other judicial officers. The learned judge, Mr. Justice Callan. has recently made some pertinent remarks on the subject while a magistrate in the South has also referred to the subject. An important question of principle is complete independence of the judiciary.

"This is often spoken of as the last bulwark against oppression and bureaucracy. It is the duty of the public to refrain from any action which is likely to interfere with the independence of the judiciary, but here we have an organisation making a direct approach to the Court, putting facts before the Court by way of a letter, with a view to influencing its decisions.

"The New Zealand Alliance is not an interested party in the proceedings, but is only a member of the public. As a member of the public it has the right to criticise the judgments' of the Court, or to make recommendations as to what it thinks should be done, either through the correspondence columns of the Press or by a public meeting.

"That is the right of the people living under our system of Government. It is the duty of the Court in each case where improper letters are received, particularly from an organisation, to make public that fact. The Courts are sacrosanct and must not be influenced.