APPEAL AGAINST CONVICTION

Press, Volume LXXXIII, Issue 25299, 26 September 1947, Page 5

APPEAL AGAINST CONVICTION

COURT RESERVES DECISION (P.A.) WELLINGTON, Sept. 25. The Court of Appeal continued hearing legal argument to-day in the appeal brought by L. J. Ross, company director, against his conviction for theft. Mr W. E Leicester, counsel for Ross, submitted that Ross should not have been crossexamined as to previous convictions, as he had not placed his credibility in issue. Counsel contended that in exercising discretion to allow, under the rules, cross-examination as to previous convictions, the Court must approach the question of credibility upon the basis of evidence given materially to |he charge, and admissible against the accused. Ross had not placed his credibility in issue by denying evidence that was not admissible, and should not have been claced before the jury, Mr Leicester said. The questions asked Ross were framed so as to form a basis on which the Judge should hold credibility in issue, and to let in cross-examination as to previous convictions, and this procedure, even if innocently adopted, had been held to justify the quashing of a conviction. The Court reserved its decision.