PERJURY CHARGES.

Dominion, Volume 1, Issue 52, 25 November 1907, Page 8

PERJURY CHARGES.

WHEN NOT TO LAY THEM. "I hold that-a chargo of porjury arising out of a case in the Lower Court should not be laid until tho caso has been finally disposed of in the Suprome Court," observed Mr. Justice Coopor during tho hearing of a' caso. on Saturday. . Just previously tho Crown Prosecutor had elicitod from a witness for the dofence that a trial on a charge

of perjury in connection with his evidence in tho Lower Court was pending against him. Mr. Wilford: Immediately after witness gave his evidence in the Lower Court an information was laid against him by tho police. • . ■ . '

His Honour: In n case yesterday it camo out that the principal witness for the Crown had lieeii prosecuted for perjury in connection with his evidence in the Lower Court. In'tho case now before this Court wo have another instance. It does not strike mo as being the proper thing. As I have just stated, proceedings for perjury should not bo taken until tho original caso had been decided in the Supreme Court. , The Crown Prosecutor: Mr. Wilford took proceedings for perjury in the recent gaming cases before they were decided. Mr. Wilford: Yes, but both cases were to come on for trial at the same sitting. His Honour: It does not, seem to me to be the proper course. Witnesses should not be prosecuted until tho case out of which the charge arises lias been heard ,by- a jury. In my opinion, it does not conduce to a fair trial on one side or the other. Mr. "Wilford: Unless the cases are heard at the same sitting. ■ The subject then dropped.