UNKNOWN

Press, Volume LXXVII, Issue 23318, 2 May 1941, Page 12

UNKNOWN

VALIDITY orjmm MAGISTRATE RESj^^HI ■ < Roa Inebriates’' Home cm 1 ' Paul the Magistrate’s (Mt V. R. Meredith) Norman, island,' said Verschaffelt ted to 'the home lor two Court warrant signed in Octomi|BHH He was later allowed to tend an appeal in the The appeal was d|smissed,- ; shd||^BH Warrant. On February for Justice signed fer under ' which . V taken' from, the home to ptison. -After habeas ings were .taken,- a Justice-Hlhm. ordered that was void,, and Verschaffelt turned to the ; island. where ; >lMj|BH being .held at the time ot Before Verschaffelt left the ness warned him , that he ting' an offence. Verschaffelt. handed‘him he escaped,.., whiph; thaok^ keeping accused on . the iia^H^^^H guest,' andwhich- stated accused was' not &n'' inntati^ifl^^H a . Constable: Blkckbum said'.J9|H rested' arrived at -Auckland' from-theaj|MH Accused said? witness. .wasWwH^H ■Mr Noble said the factssijwjHß escape were admitted; but the Court’s attention to under which the information which referjred to an escapeftEaßMHß fill custody as an was that Verschaffelt ful custody at jail, and thepefiMpSß|H|| not have 1 escaped. -“Our'hrgument tls that,‘3m|p™HH| ter has no; power-to <from gaol ■ to Noble, 5 "and we also, Minister’s, order prison'superseded "and an nulledlßßM other warrants or orders by’whka|Bß| Mr Meredith said that the ter’s order . was merely acrdizagMKfl made for’reasons of disdplinkJSiM transfer Verschaffelt to ,ptistt&l|i)ra| Supreme Court had held transfer was 'illegal,;• and,« ; ?ha4fMfjHß voided- In -effect it was *dd'<®p|e|H Minister did not make thb ttanMn and'that: anything-ho did waahtfßMH “Therefore, as' properly legally transferred, 'haSMBM ma&s untransferred/ wKich nenipH he is where he was beforehrOttafliaH island,’’ continued Mr Meredith,!f®ji|ffl| transfer, being a bad, one, has no ettma] on the previous warrant,’whimnHn an order of the Court ~-. As-the n»*jff|| from one institution,io' the::«thervMH| not properly made, the Court ui l^^ matter is one: looked into,” said the Magistrate,'.*jy|H not as simple as.it seems,on Asked by the Magistrate if her, prepared to return-totfie home wopagß the case was being considered, :.VmH schaffelt said he was quite w‘ nt "f^™Bl