A PROTEST BY MR JUSTICE COOPER.

Press, Volume LXIII, Issue 12970, 25 November 1907, Page 5

A PROTEST BY MR JUSTICE COOPER.

(PEEBB ASSOCIATION TELEGRAM.) .WELLINGTON, November 24. Whilst cross-examining a witness in an. assault and robbery case at the Supreme Court yesterday, the Crown prosecutor elicited the fact that she was awaiting trial for perjury in connection Trith tiie case. Hie Honour Mr Justice Cooper remarked: "This ie the second time within the past two days that it has come out jfchat c witness here has been charged with perjury after the proceedings in ihe 'lower Court, ajtrd before the case comes here. I must say that I do not think that is the jioper course to pureue. .There ought to be no prosecution for perjury until after the case has been dealt with by the jury in this Court." > Mr Wilford set out to explain that immediately after the proceedings in the Lower Court at Feilding the prosecution was rushed. Hie Honour eaid ; ho desired toihear no explanation of this individual case; "In a case I had before mc yesterday," continued his Honour,"the principal witness for Hie Crown' was immediately prosecuted for perjury. After the Lower Court proceedings in this case the-principal witness.for rthe defence is similarly prosecuted. I do nqt think It is the proper course to pursue." -■. Mr Myers: -Mr Wilford bes done it himstttf in gaming cases, and—— Mr ; Wilford? OnJy when they are heard simultaneously. Hia Honour: "1 do not want a,n.y altercation. I say it does not seem: to mc to be the proper course. ; Witnesses in -wie Lower Court should not be prosecuted until the case: has been, before the jury. It does not: conduce to a fair trial on one,j|ide or the otherV