DISMISSAL OF CHARGE

Press, Volume CVIII, Issue 31754, 10 August 1968, Page 16

DISMISSAL OF CHARGE

Costs Of $lOO Awarded

Murray Edward Forgie, aged 31, a radio announcer (Mr J. G. Leggat), was awarded costs of $lOO by Mr E. S. J. Crutchley, S.M., in the Magistrate’s Court yesterday. The award of costs followed the Magistrate’s decision on Thursday when he dismissed the charge against Forgie on the ground that no jury could reasonably be expected to convict him r.f the indecent assault charge he then faced.

The Magistrate said the costs were in respect only of the Lower Court hearing and did not include the previous Magistrate’s Court trial, and the appeal to the Supreme Court He said he did not criticise the conduct of the police prosecutor for proceeding with the charge. The prosecutor had known only hours before the hearing of the complainant’s untruthfulness.

Forgie had been obliged to face the charge, the principal evidence being from the complainant who was shown not only to be untruthful but actively so. The police had accepted the complainant without checking on him, and there were points available to the police to check.

The complainant’s reliability should have been inquired into. The Magistrate said he had no criticism of the police in charging Forgie on the night of the incident.

He could not say the charge was dismissed on a technical point.