DECISION RESERVED.

Press, Volume LXIX, Issue 20772, 4 February 1933, Page 4

DECISION RESERVED.

APPEAL IN PJCTON MURDER CASE. WELLINGTON. February 3. .When the Appeal Court resumed the hearing of the Tarrant appeal, the Solicitor-General, Mr A. Fair, K.C., addressed himself to the question of misdirection of the jury by the trial judge. He submitted that there had been no misdirection, certainly none of law. The Chief Justice, the Rt. Hon. Sir Michael Myers, pointed out if there had been any misdirection and if it had been proved one of fact, and not of law. the Court could not interfere for the powers given by the Legislature related solely to a misdirection of law. If there had been a misdirection of fact, (lit prisoner's remedy wa3 to apply to the Governor-General in Council for a new trial, under the provisions in section 447 of the Crimes Act of 1903. Mr Fair asked whether, in the event of the Court finding a misdirection of fact, it can express an opinion as to the admissability of a new trial for the assistance of the Governor-General in Council.

The Chief Justice, replied that he would be very loath to express an opinion, und be thought to usurp the position of the Legislature. Mr Ju-tice Ostler said that he differed from the Chief Justice, and considered that tho Court might indicate the view which it took. The Chief Justice: "What if we can't agree ? Mr F«ir: In that event the Court will no doubt refrain from expressing an opinion Mr Parry urged that the Court should give the whole case its most careful consideration. '"Where evidence such as this." he said, "is wholly circumstantial, there is such a wide margin of possibility of an error that if the Court consylerss it can give a new trial on any legal ground at all. then it should do so." The Court reserved its decision, saying it would put its views in writing, and deliver judgment on Monday.