Delayed Justice

Press, Volume CI, Issue 29893, 6 August 1962, Page 8

Delayed Justice

Most people would be appalled by the report (printed last Friday) that a man who had already spent three months in gaol awaiting trial would have to spend ancther. three months there because no Supreme Court fixture was available at Palmerston North. Fortunately, the worst did not happen; the man was subsequently granted bail and will report daily to the Auckland police while awaiting another fixture at Palmerston North in three months’ time. But he still has a charge hanging over his head. At both sessions at the Palmerston North court there was surely a most regrettable lapse from proper procedure if this criminal case was not heard before civil cases. It is a sound principle that cases that involve liberty of the person should always have precedence. But reasons for delays in criminal trials go deeper than mere questions of precedence in civil and criminal cases. The Chief Justice (Sir Harold Barrowclough) commented at the May sessions of the Supreme Court at Palmerston North on the position

of a defendant who had been refused bail in the Magistrate’s Court and who had applied to the Supreme Court. The man, the Chief Justice said, was “ the “ victim of our system “ under which criminal “ trials are held four times “ a year ”, If he had his way, Sir Harold Barrowclough said, criminal trials would be held once a month. This comment by the Chief Justice prompted the Attorney-General (Mr Hanan) to announce that he would set up a committee of inquiry into ways of coping with the volume of criminal work in the Supreme Court. When he announced the personnel of the committee of inquiry last week, Mr Hanan said he had been “concerned “about the Supreme Court “ situation for some time ”, and “he firmly believed “ that there was scope for " a more rational system ” The case reported from Palmerston North establishes beyond any doubt that there is good reason for Mr Hanan’s “ concern ” There is nothing “ rational ” about a system that delays justice, and thereby denies it.