WITNESS FAILS TO APPEAR

Press, Volume XCVII, Issue 28542, 22 March 1958, Page 15

WITNESS FAILS TO APPEAR

Judge Warns Of Consequences

(New Zealand Presto Association) HAMILTON, March 21. “It cannot be too clearly stated that a subpoena is not an invitation or a request to' attend the court to be accepted or declined at will. It is a command of a Court of superior jurisdiction and must be obeyed,” said Mr Justice Gresson in i ~upreme Court at Hamilton today. “To disobey it is a serious contempt of Court, punishable by imprisonment or a fine.”

His Honour made his remarks during the hearing of an application for judicial separation brought by Valmai Edith Miriam Winder (Mr M. J. Minogue) against her husband, Alfred Winder, hoi'se trainer, of Hamilton, on the grounds of adultery. When Mr Minogue called Everall Joy Andrews as a witness there was no answer. His Honour asked whether Mrs Andrews had been subpoenaed to attend the Court.

Mr Minogue said Mrs Andrews had been subpoenaed to attend the Court last week, when the hearing had commenced, but had failed to put in an appearance. She had been notified to attend to give evidence today. “It is only because I think Mrs Andrews may be unaware of the peril ir which she stands that I refrain from dealing with her now,” his Honour said. “I propose to give her one further opportunity of answering to her summons. The case will be adjourned until Friday next, when Mrs Andrews will either attend and give evidence pursuant to her subpc or, if she persists in her refusal to give evidence, she will have to show cause why she should not be punished for serious contempt of Court.”

His Honour instructed the registrar to notify Mrs Andrews of the adjourned hearing and of the subst of his remarks regarding the necessity for her to appear in Court on Friday next.