APPEAL DISMISSED.

Press, Volume LXVIII, Issue 20498, 17 March 1932, Page 8

APPEAL DISMISSED.

——4 TECHNICAL OBJECTION J ' UPHELD. (pais* MSOCUTIOH - ; WELLINGTON, March 16.. On a technical point-raised by for the prosecution, the appeal by 1 liam O'Reilly against his conviction V ! Mr E. Page, S.M., in the-Magistrate. 1 Court on February 11th was by Mr Justice Ostler in the Suprep® Court to-day. O'Reilly' was sent®®®"* to three months' imprisonment Magistrate on.a charge of intintioa relief workers at H ataitai. Vgrounds of the appeal were that ther material evidence had been J®"*? available since the Magistrates hearing, and that ■ the verdict " [ against the weight of evidence. A preliminary point raised by sel for the prosecution was that notice of appeal did not comply ** the requirements of the Justices of _ Peace £.ct, 1927... . „ In giving bis. decision his »<>® . ! said he was very sorry the poinVjJ*** been raised. He would much lia.ve heard the appeal on its s thaii decide it on a technical Under Section 316 of the J usfcw j£L,,i the Peace Act there was a con<W*°j precedent to the bringing of an »PP®£ j that the notice of appeal should s»?T,f the very Court to wnich the «BJr£ 1 was to be brought. The notice P l 'S peal in O'Reilly's case was defects./ - in that respect, and the authoriw®*: ; which had been cited showed thattn , could bes no. waiver of this condition'"l am bound in law to hold, . > - his Honour, "that I haven't any J u « diction to entertain the appeal . 11 The appeal is therefore dismissed. j