Gaol term for default upheld

Press, Volume CXII, Issue 33063, 2 November 1972, Page 3

Gaol term for default upheld

{New Zealand Press Association/ AUCKLAND, November 1. A judge has ruled against a man in an action brought against an Auckland stipendiary magistrate, Hector Young Gilliand, alleging false imprisonment.

Roger Norman Fowler alleged that he was falsely and unjustly arrested and imprisoned by the magistrate after non-payment of court costs.

In a written judgment, Mr Justice Perry said the case began when Mr Fowler issued proceedings against a Mr Masters, charging him with behaving in an offensive or disorderly manner. The presiding magistrate dismissed the case, and ordered Mr Fowler to pay $155 costs.

Mr Fowler did not pay these costs, and the magistrate subsequently imprisoned him for 50 days. Mr Fowler was in custody for only a short period before being released as the result of habeas corpus proceedings. He then initiated his action against the magistrate, alleging false imprisonment. A date for the hearing of the action has not yet been set, but last month the judge was asked to settle a preliminary point of law. This was whether the magistrate could imprison Mr Fowler for non-payment of court costs under a statute] which laid down no maxi-! mum of imprisonment fori that offence.

In his decision, the judge said that the lack of a statutory maximum term of imprisonment did not inhibit

■ the power of a magistrate to r gaol people for non-payment 1 of costs “for such periods as • will satisfy the justice of the : case.”