REHEARING ORDERED

Press, Volume XCIX, Issue 29244, 30 June 1960, Page 10

REHEARING ORDERED

Conviction For Assault

An application by John Thacker Christie for a rehearing in the Supreme Court of a case in the lower Court, in which Christie was convicted of assault, was granted by Mr Justice Richmond yesterday, Mr D, W. Russell appeared for Christie and Mr C. M. Roper for the Crown.

Mr Russell said that Christie was appealing against conviction and sentence on a charge of assaulting Mildred Tomlins on February 28. The charge was heard by a Magistrate on April 28. The complainant, Tomlins, was Christie's mother-in-law. Counsel submitted that the conviction was against the weight of evidence. Christie had been ordered to come up for sentence if called on within six months, and to pay Court costs and witnesses’ expenses.

The Magistrate’s notes of evidence. counsel submitted, were not sufficient to show what actually took place and the relationship between Christie and his mother-in-law.

Mr Roper said he was not in the lower Court during the hearing of the charge. No doubt the Magistrate’s notes were sufficient for himself, but he (Mr Roper) would not like to proceed in the appeal on the notes of evidence. He would not oppose an application for a rehearing, as he had difficulty in following the notes.

M<r Russell, applying for a rehearing, said several other proceedings were in train and the conviction meant much to Christie. His Honour granted a rehearing, on a date to be fixed by the Registrar.