'Hung jury’ problem

Press, Volume CXV, Issue 33934, 29 August 1975, Page 3

'Hung jury’ problem

i (N.Z. Press Association) I AUCKLAND, August 28. It was time some regular procedure was, adopted in criminal law dealing with “hung” jury cases where the Crown might or might; not decide to prosecute! again, a leading Auckland lawyer said today, j Mr P. A. Williams, com-: imenting on cases ■ where; juries had failed to reach a ; verdict, said: ‘‘lf the Crown demands a new trial, the I judge has to give it to them J iThen the only hope the ac- r leused person has is if the! I Attorney-General enters a! •nolle prosequi.” I

Under section 378 of the Crimes Act the AttorneyGeneral may direct that criminal proceedings are to be stayed, and in effect the accused is deemed to have! been acquitted. ' “The’Attorney-General acts; on the advice of the SolicitorGeneral, who in turn acts on; the advice of the Crown prosecutor and the police in Itheir wisdom," said Mr; Williams. This was an arbitrary procedure, and it was time it [was challenged. i “If there is to be a decision, then let it rest with the i trial judge after the second I trial. He has been able to i weigh up the evidence and I the credibility of the witnesses.” ; Mr Williams referred to reIceht trials in which he ap-

peared for a man charged with aggravated robbery. Steven Logan Miles, aged 21, a fisherman, was first tried in the Supreme Court in Auckland in November of last year, charged with robbing two Pakuranga bank tellers of more than $20,000 while armed with a revolver.

The jury disagreed, and at a second trial in April the jury again disagreed. Last Friday a nolle prosequi was filed at the Supreme Court. Mr Williams said he considered the length of time an accused person had to wait before finding out what was to happen with his case was quite unreasonable. “An accused person simply has to sweat it out, and if a nolle prosequi is filed, it is not in open court.” Mr Williams said that he and his client were not told of the decision not to prosecute.

“Under the present set-up no-one knows where they are —word on nolle prosequi is passed around as gossip.”

He first heard of the Miles nolle prosequi when a newspaper telephoned him for his reaction.

Mr D. P. Neazor, of the Crown Law Office, was reported as saying the Miles case took longer than usual to resolve because the Solicitor-General (Mr R. C. Savage) had been away overseas. and the question of a third trial required full consideration.

Advances.— Reserve Bank advances to marketing boards, including advances to producer boards and marketing authorities, totalled $368.2m at the end of July, 1975, the Acting Minister of Finance (Mr Douglas) said in Parliament yesterday.— (P.A.).