SUPREME COURT SESSION

Press, Volume LXXXIII, Issue 25249, 30 July 1947, Page 3

SUPREME COURT SESSION

JUDGE’S CHARGE TO GRAND JURY

MOTORISTS AND THEIR RESPONSIBILITIES

"A motor-car, even in the hands of a sober driver, can be dangerous if it is not used with the utmost care. The protection of the people on the highways in this country is in your hands and in the hands of the common jury,” said Mr Justice Fleming in his charge to the grand jury at the opening of the Supreme Court session yesterday. It would be regrettable if people did not lealise the danger of consuming alcoholic liquor when they were in charge of a car. Men might think that one or two drinks would make no difference, but he believed that scientific tests showed that even one or two drinks slowed down a person’s reactions, said his Honour, who was referring to a charge against a man that while in a state of intoxication while in charge of a motor-car. by an act or omission, he caused death. His Honour said he thought the grand jury would probably decide to bring in a true bill. There were seme 10 charges for the grand jury to consider. One was a charge of manslaughter, there were a number of theft, one for shop-breaking and theft, and in the internative, receiving stolen goods, one of negligent driving causing death, one cf being intoxicated in charge of a car and causing death, and two of unnatural offences. The cases would not give the grand jury much trouble, said his Honour. The charge against two men related to the theft of linoleum from the steamer Gale. The grand jury would have no difficulty in finding that the two accused were called on to give an answer as to why they had the linoleum in their possession. Use of Fists The charge of manslaughter arose from an unfortunate encounter with fists in which a man was killed. "At the same time it cannot be suggested that it is a serious case of manslaughter for, as far as I can find out, it was just a fight, with no serious brutality; no 'putting in the boot’ as some people might express it. But fights are illegal. A man must not use his fists except strictly in self-defence. I may perhaps remark here that the average man does not seem to realise what a dangerous thing the fist is, especially that of a strong man who knows how to use it and put power behind a blow,” continued his Honour. “I am surprised that you have not had more men before you for offences of this kind. Men should be more circumspect than they are in getting into a fight.” He need scarcely remind them that the grand jury did not actually try a case. It was their duty to find out if there was sufficient evidence against an accused person to call on him tp give an answer to a charge. The law was particularly careful and particularly solicitous of the rights of the individual and an accused man could not besput m peril of his trial before a common jury unless the grand jury found there was sufficient evidence to require the accused to give an answer, said his Honour.

The grand jury returned a true bill against each of the accused.