Court Defers Decision On Gorman’s Extradition

Press, Volume CI, Issue 29938, 27 September 1962, Page 14

Court Defers Decision On Gorman’s Extradition

(N.Z. Press Association) WELLINGTON, September 26. Mr Justice McCarthy today reserved his decision on a motion by Henry Gorman, aged 28, under the Fugitive Offenders Act against an extradition order in respect of a charge of gaol breaking in England in 1957. \ Gorman appeared in Court handcuffed to'a warder. Mr D. S. Castle appeared for Gorman and Mr W. R. Birks for the Crown. On the application of Mr Castle, his Honour dismissed a writ for habeas corpus previously filed.

Mr Castle said that, under the act, where the reasons for an extradition order were trivial, or the application was not made in good faith, or if on account of distance or time extradition would be unjust, oppressive, or too severe a punishment, the Court had a discretion. It was not suggested that this was a trivial matter or that the application for the return of the prisoner to England had not been made in good faith, he said. The wording of the section enabled the Court to deal with the motion on a broad footing. Mr 'Castle said Gorman was arrested on June 2 last on an information under the Immigration Restriction Act and four days later he was sentenced to deportation. After his Court appearance he escaped from custody outside Wellington prison. He was recaptured and on the next day was convicted and discharged on the escaping charge. Time passed, and in accordance with the requirements of the law a person under sentence of deportation, and who had not been deported within a month had to be brought before the Court again. This was done and Gorman was ordered to be detained for another six months.

On September 5 he was again before the Court on extradition proceedings instituted from England and an order was made for his extradition. Hardship Plea The Court was entitled to take into account the time that had elapsed since Gorman’s arrest and the hardship, not only to a prisoner but to his dependents. It was almost five years since the alleged offence in England and that was a very relevant aspect of the matter, said Mr Castle. Gorman said in evidence that he came to New Zealand two years ago, arriving by air after paying his own fare. He was married in September last year. His wife wanted him to get the matter of his escape In England cleared up and, accordingly, he telephoned the CJ.B and arranged a meeting with a detective outside a hotel in Willis street. Wellington. The detective showed him a letter from Scotland Yard, saytog the English authorities were not interested in extraditing him, but wished to be notified-if he were on his way back bo England His intention when he came to New Zealand was to, make a new life, said Gorman Cross-examined by Mr Birks. Gorman said that since his escape in 1957 he had been in Europe and Australia. He came to New Zealand under the name of Patrick Morris He first arrived al Christchurch. and within a few weeks of his arrival he was before the Court for fighting He joined the Army with the intention of going to Malaya, but bought his discharge to get married.

Gorman said that when he i left the Army he obtained employment in Napier, and in August, 1961, was again in trouble with the police over fighting. He had once been a professional fighter. In March last he faced two charges of assault, one of which involved his supervisor on the day he was dismissed from his job. Record In England In 1957, in England, he had been convicted of stealing petrol and assaulting a policeman. Gorman said it was a technical assault as he just touched the policeman but he received a year’s imprisonment for it. Previously he had, in 1952. been sentenced to borstal for the theft of scrap metal and store-breaking. At the time he had asked to have nine other cases of larceny, two of breaking and entering and one of car conversion taken into account. In the same year he was also sentenced to nine months’ imprisonment for store-breaking and possessing housebreaking implements by night. In 1954 he was again convicted on a charge of burglary and using a firearm with intent to resist arrest.

In reply to his Honour. Gorman said he was of gipsy origin, his people moving from fair to fair round the country. He never had a fixed home and had no education. He went to school for a while, but could not get on with the other boys as they did not take kindly to gipsies. He started working at the age of eight, helping his mother to sell brushes.

Chaplain’s Submissions Benjamin Henry Riseley. director of social services for the Methodist Church in the lower half of the North Island, said his duties included acting as prison chaplain. He became interested in Gorman through the publicity of the case. He had received many inquiries from people willing to help him. He said he formed the opinion that Gorman was sincere in his resolve to live a good life. He was conscious of his bad background, but was convinced that he came into the category of men who could be helped. Mrs Gorman was. in the witness’s opinion, a fine type of young woman. He was

willing to find accommodation for Gorman, his wife and child, and he had had numerous offers of employment for Gorman. The witness was willing to enter into a bond for the prisoner’s good behaviour and he was aware he would have to pay the penalty if let down. In reply to Mr Birks, the witness said he agreed a man should first expiate ‘ his offences to society. But he , was concerned that if Gor- ! man was sent back to England it would be five years before he could re- : turn. The witness said he had spoken to the Minister of Justice and the head of the Justice Department, who said ' that if Gorman went back to J England the chances of his • returning to New Zealand ' within a short period would ' be remote. 1 Mr Birks submitted that it 1 v is inappropriate for Gorman to base his application ! on his successful escape and ! remaining out of custody in the intervening years. It was ! significant that the incidents ! that led to two convictions ! for assault had taken place ’ since his marriage. That was ' not consistent with a change ■ of heart. ,