REFUSAL TO APPEAR AS WITNESS

Press, Volume LXXXIII, Issue 25276, 30 August 1947, Page 3

REFUSAL TO APPEAR AS WITNESS

SISTER OF PETITIONER IN DIVORCE CASE When Cecil Augustus Lloyd, a gardener, of Hanmer Springs, petitioned in the Supreme Court before Mr Justice Fleming, yesterday, for a divorce from Mary Lloyd on the ground of adultery, the respondent admitted committing adultery, but opposed the petition on the grounds of condonation. Ross Haines was cited as co-respondent. Mr D. W. Russell appeared for the petitioner, and Mr R. Twyneham for the respondent. Tbe petitioner, in evidence, said that while he was a prisoner of war he received a letter from his wife saying she had had a child. When Lloyd returned to New Zealand Haines aomitted to him that he (Haines) was the father of the child born to Mrs Lloyd while Lloyd was overseas. The respondent stated in evidence that she and her husband spent the afternoon together the day he returned to Christchurch, and they spent that night together at the home of the petitioner’s sister. She and the petitioner also had connubial relations at the house in Whitmore street where she lived. The respondent’s sister. Mavis O’Loughlin, gave corroborative evidence and said that she gave Lloyd and his wife a cup of tea in the bedroom the morning after Lloyd returned to Christchurch. Lloyd was recalled to give evidence, and he denied the statements made by the respondent and her sister. His Honour: Do you mean to say that your wife and her sister are committing perjury?—lt looks like it. His Honour requested Mr Russell to ask the petitioner’s sister to appear as a witness. “I am confronted with three witnesses here and all seem to be truthful, but someone is lying. It is one of the biggest puzzles I have ever been confronted with,” said his Honour. The Court was adjourned until 3.30 p.m. to give the petitioner’s sister an opportunity to attend. “I saw the petitioner’s sister and discussed the matter with her, and I have her authority to say she declines to come to Court,” said Mr Russell whenYhe hearing was resumed. The case was then adjourned until Tuesday for legal argument.