SUMMONS SERVED IN HOSPITAL

Press, Volume LXXII, Issue 21867, 21 August 1936, Page 19

SUMMONS SERVED IN HOSPITAL

COUNSEL ENTERS PROTEST ACTION OF CONSTABLE CRITICISED : (VIUUIS ASSOCIATION TRUiOSAK.) WELLINGTON, August 20. Criticism of the action of the auth-. orities in allowing a summons to be served by a constable on a man lying in the Wellington Public Hospital suffering from a serious head injury was made by Mr J. S'. Hanna in the Magistrate's Court, before Mr E. D. Mosley. S.M., when the name of Phillip Elia

was called. Defendant, for whom Mr Hanna appeared, was charged vn negligent driving. Mr R. Cooper prosecuted on Dehalf of the City Council. “The defendant is lying-in hospital suffering from a fracture of the skuu, said Mr Hanna, in applying for an

adjournment sine die. “At hrst life was despaired of, but he 15 clirn _ on the road to recovery. The s mens was issued on August b an. served bn him in hospital on Augu _ 14. I want you to consider, ypur Worship, whether the service is improper considering the circumstance ■

Mr Hanna rerrf a letter his firm haa sent to the city solicitor about tne proposed adjournment, and the reply he received. In reply the city solicitor took exception to a “rash ana unconsidered statement” about service of the summons, and said that action had been decided on after the hospital had reported that the man was out of danger and was progressing favourably. Mr . Hanna said that “out of danger and progressing favourably was the stereotyped reply of the hospital staff to enquiries. “I am not suggesting that any harm has been done in this case,” said Mr

Hanna. “I am suggesting, however, that if such a course of action continues' to be followed serious harm may very well result in other cases.’’ • “My friend referred to the hosnital’s reply as being a stereotyoed one,” said Mr Cooper. “The enquiry was made at the hospital office and the urgent nature of the request was made known.” He explained that the hospital had given a favourable report and service of the summons was carried out in accordance with that report. “It is not customary to serve a summons in hospital if it can be avoided,” said the magistrate. “It should only be done with the consent of the medical officer in charge of the case. If he gives his consent it is perfectly safe to do so.” The case was adjourned until October 1.