Dr. Stitch’s Retirement Subpoena Served On Mr Holyoake

Press, Volume CIV, Issue 30769, 5 June 1965, Page 1

Dr. Stitch’s Retirement Subpoena Served On Mr Holyoake

(from Our Parliamentary Reporter) WELLINGTON, June 4. The Prime Minister (Mr Holyoake) had been served with a subpoena to appear in Court to give evidence in a case brought by a Public Service Association officer against the Deputy-Prime Minister (Mr Marshall). But it is certain an application will be made to have Mr Holyoake exempted from appearing as a witness in the case which is set down for hearing in the Magistrate’s Court at Wellington on June 11. Mr Marshall is alleged in a writ issued in the name of the deputy secretary of the Public Service Association (Mr J. A. White) to have attempted to influence a State Services commissioner in events leading to the resignation of Dr. W. B. Sutch from the position of Secretary of Industries and Commerce.

Mr Holyoake will leave Wellington on June 12 to attend the Commonwealth Prime Ministers’ conference in London.

Service of a subpoena to attend as a witness for the prosecution was accepted on Mr Holyoake's behalf and is now in the hands of the

Solicitor-General (Mr H. R. C. Wild, Q.C.). The Legislature Act, 1908. gives members of the New Zealand Parliament privileges, immunities and powers similar to those held by members of the House of Commons since 1865.

Where any member of Parliament is required by process of any court to attend as a party or witness in any civil or criminal proceeding, he

may apply to the Speaker to be exempted from attendance. After the Speaker has inquired into the matter, he may grant a certificate of exemption to the effect that the member’s attendance is requireH during the session. The Speaker must, however, be satisfied that the ends of public justice would not be defeated or injuriously delayed, or that irreparable injury would not be caused to any party to the proceedings by non-attendance. The effect of such a certificate on being presented to the Court is that the member is exempted from attendance until 10 days after the termination of the session then being held. No proceedings can be taken against the member for non-attendance and the Court shall direct such a postponement of the proceedings as it deems convenient and just. The “Evening Post,” said Mr N. Taylo •, the solicitor who lodged the writ with the Magistrate’s Court, declined to comment on the report that a subpoena had been served on the Prime Minister.

The court registrar, Mr B. J. Hitchcock, declined permission for a reporter to view the public documents on the Marshall file. Mr Hitchcock said: “I am afraid I cannot let you. I have had specific instructions from the senior Wellington Magistrate. Mr M. B. Scully, that no-one is to see the file.” When the writ was served on Mr Marshall, he said he intended to defend the action if Mr White went ahead with it.

Derailment.— Derailment of two waggons of a Napier-Gis-borne freight train blocked the line 30 miles south of Gisborne for two hours and a half yesterday.