CONTRADICTORY PLEAS.

Press, Volume LX, Issue 17997, 14 February 1924, Page 10

CONTRADICTORY PLEAS.

STEPS TO OBTAIN WRIT AGAINST MAGISTRATE.

A notice of motion for a writ prohibiting him or any other Magistrate from sentencing Lionel Robert Irving on a charge of indecent exposure preferred against Irving last week has been served upon Mr Wyvern Wilson, S.M.

The circumstances of the case are peculiar. Irving appear on last wcyli before Mr Wilson anu, not being represented by counsel, pleaded not guilty to the charge. Subsequently, in answer to the Magistrate, he pleaded guilty. Some time later Mr W. F. Tracy appeared for Irving, and asked that the plea cl guilty might be changed to one of not guilty. The Magistrate refusea to accept jho plea of not guilty, but said that he would, hear the circumstances of the case before passing sentence. On Tuesday, when the case came up again, the Magistrate held that, owing, to a technical flaw in the information, the accused should be convicted without sentence, so that a fresh information could be laid. Accordingly, Irving was re-arrested and charged with the same offence. Mr <C. S. Thomas, who appeared for him, submitted that Irving could not be tried again, as ho had already been convicted of the offence. Mr Thomas said that he had applied to the Supreme Court to prevent the Magistrate from proceeding further on the conviction already entered. At the request of the police, Irving was remanded for one week, bail being allowed. Application for the writ is to be made to the Supreme Court on the grounds (1) that Irving had not been informed of his right of trial by jury; (2) that notwithstanding his plea of not guilty, a plea of guilty had been entered against him. The facts of the case will be placed before his Honour. Mr Justice Adams, at the Supreme Court on Saturday.