CROWN ENTERS STAY OF PROCEEDINGS

Press, Volume LXXXVIII, Issue 26659, 19 February 1952, Page 5

CROWN ENTERS STAY OF PROCEEDINGS

PRISONER DISCHARGED BY COURT

James Ernest Lindley, aged 58. an

employee of the Christchurch Transport Board, who had pleaded not guilty to a charge of indecently assaulting a girl aged six, was discharged when he appeared before Mr Justice Northcroft in the Supreme Court yesterday after a stay at proceedings bad

been entered by Mr A. W. Brown on behalf of the Crown. Lindley stood his trial on the charge last Wednesday, and a jury failed to agree on a verdict after a retirement of four hours. The case was then adjourned for the question of a new trial to be considered. When the foreman of the jury stated on Wednesday evening that they could not agree on a verdict, the Crown Prosecutor (Sir Arthur Donnelly) moved for a new trial. Mr W. G. P. Cuning= ham, counsel for Lindley, asked that the new trial be postponed because jurors on the present panel would be influenced by the publicity given to a reference in Court to literature found by the police, but which was not put forward in the case against Lindley. Sir Arthur Donnelly then said it might be his duty to report the matter to the Solicitor-General and ask for directions. His Honour, at that stage, adjourned the case for further consideration. When the case was called yesterday, Mr A. W. Brown, for the Crown, said he had received word from the Solici-tor-General that he was unwilling to prosecute in this matter and he had authorised counsel for, the Crown to enter a stay of proceedings. His Honour: In that case the prisoner may be discharged.