PERJURY CHARGE DISMISSED

Press, Volume LXXVIII, Issue 23812, 4 December 1942, Page 6

PERJURY CHARGE DISMISSED

SEQUEL TO RACECOURSE INCIDENT In the Magistrate’s Court at Timaru yesterday, John Frederick Hammerly proceeded against James Torrance, racecourse inspector (Mr C. S. Thomas, of Christchurch) on the charge that on October 15, 1942, at Timaru, Torrance committed perjury by swearing on oath that he took hold of Hammerly by the left arm, and not the right arm, when removing Hammerly from the Geraldine racccour ' on September 26. The case was brought under section 130 of the Crimes Act, 1908. When he case was called, the Magistrate (Mr H. Morgan), who was on the Bench, said that as he had been called as a witness he had asked Mr E. C. Levvey, S.M., of Christchurch, to hear the case. The hearing was adjourned until later in the day to enable Mr Levvey to attend. When the Court resumed just before noon, Hammerly, at considerable length, outlined the incidents that had resulted in his prosecution and conviction for assault on Torrance and trespass on the Orari racecourse. He described the proceedings in which Torrance was alleged to have used the words involved in the charge. Henry Morgan, Stipendiary Magistrate at Timaru, gave evidence that he was the presiding magistrate when Hammerly was charged, and he also heard the cross-charge of assault brought by Hammerly against Torrance. In the course of evidence taken that day, he had heard Torrance say that he took hold of Hammerly by his left arm for the purpose of removing him from the course. He did not remember that Hammerly had drawn the attention of witnesses to the injury he had suffered to his right hand. Evidence was given by four members of the Police Force who were on the racecourse the day Hammerly was ordered off. Three said they were certain Torrance held Hammerly by the left arm; the other said he did not remember.

In reply to the Magistrate, Mr Thomas said he had several witnesses to call, inc’uding Torrance, but before doing that he asked the Court to dismiss the case as a crazy one, and nothing more than an insult to the Court ana an abuse of its privileges. The Magistrate said: “I am satisfied no jury in the world would convict or. such a conflict of evidence. I do not know what it is all about, and it is impossible to say. The gravamen behind the charge may prompt some deliberate wicked or malicious intent to mislead the Court, and I am not prepared to waste the country's time any further. The information is dismissed." Mr Hammerly: I give notice of appeal. The Magistrate: Sit down. .