THE McKINNON CASE.

Press, Volume LIV, Issue 16206, 8 May 1918, Page 9

THE McKINNON CASE.

ARGUMENT IN FULL COURT. (SPECIAL TO "THE PKESS,") "WELLINGTON, May 7. The Full Court, comprising their Honours the Chief Justice (Sir Robert | Stout), Mr Justice Chapman, and Mi' j Justice Sim sat to-day to hear an appeal against the refusal of the Medi-| cal Board to register John Alexander McKinnon, of Christchurch, medical practitioner. Sir John Findlay, K.C., with him Mr \Y. J. Hunter (of Christchurch), appeared for the appellant, and the fsolicitor-General (Mr W. J. Salmon, K.C.) for the RegistrarGeneral. Sir John Findlay said this was an application that an order bo directed to tho Registrar-General to register Dr. McKinnon under the provisions ot tho Medical Practitioners Act, 1914. The facts were shortly as follows. In 15)00 appellant passed his matriculation and medical preliminary examinations. From 190S to 1912 he was employed in the Customs Department. He resigned and proceeded to Dublin, where lie uaased his final'medical examination in 1915. Ho was charged with complicity in certain Customs frauds in Christchurch, was extradited to New Zealand, and was tried and acquitted. McKinnon then returned to Ireland, where he completed his course, and subsequently was registered in England, served on tho staff of a hospital and subsequently as surgeon of a troopship, and returned to Christchurch, where ho proposed to practise. Section eight, sub-section (2) of the Medical Practitioners Act provides: "That no person shall be entitled as of right to be registered if he is not a fit person to bo so registered by reason of the fact (a) that he has been convicted of any offence punishable by imprisonment with hard labour for a term of two years or upwards, or (d) he is otherwise not of good fame or character." It is on the second ground that tho refusal to register is being supported. The Act gives the right of appeal to tho Supremo Court from a refusal to register, and the present proceedings are being taken under that section. iSir John Findlay contended that there was nothing against the appellant except the Customs charges referred to. In this case a great deal j turned on tho meaning of the words, "good fame or character." "Fame or character," ho contended, refer to the general reputation, and it was not open to .the Court to consider the particular instances of other discrepancies in tho Customs accounts, of which evidenco had been given at the trial to show the system, but which were not themselves tho subject of tho indictment. Ho further urged the length of time that had elapsed since the occurrences took place, and the general good reputation of the appellant sinco the trial. No J ground?, he added, were assigned for i the refusal, of the application to regis- ! ter. It was submitted for the appel- | lant that tho action of tho Medical* Board was unfair and unjustifiable. !

Tho Solicitor-General submitted that no attempt had be«n made to answer the Registrar-General's filed -affidavits charging the appellant with sixty instances of fraud and official breaches of trust as an officer of tho Customs Department, on which the appellant had not been tried. Ho further contended that the criminal proceedings •were not relevant in these proceedings. "Good fame or charactcr" meant external reputation merely, Mr Salmond contended, and did not relnto to the appellant's character in fact at all. It was contended on behalf of the Ifo-gistrar-General that the charges or crimes referred to amounted to a justification for refusing registration under tlin Medical Practitioners Act.

The Court reserved judgment

Some criticism of the policy of the Fruitgrowers' Federation was hoard at the conference at Auckland last week. Mr R. P. Hudson, M.P. for Motueka, said that instead of taking a wide outlook and preparing and developing foreign markets, the Federation had devoted its energies to such matters as reducing the prices of materials. He strongly advocated tho development of home and, foreign markets. Replying on behalf of the directors, Mr J. Longton, Canterbury, said that such criticism •was not warranted.- As no shipping space was available, the Federation's activities wero limited, but enquiries had been made as.to the creation of new markets in India", Java, and America, and it was in a position to advise exporters as soon as shipping became available.