DUTIES OF A GRAND JURY.

Dominion, Volume 3, Issue 667, 18 November 1909, Page 11

DUTIES OF A GRAND JURY.

PRESS, COIIMENTS ON'A EECENT, CASE.; ... !Jiy Tottcrapti— Proas Association. ■ i.. Christchurch, November 16.. ,' Commenting lion , tko action iof - the''..Grand the .'Humphreys case,' tho ''Evening News" remarks-; that unless it misjiiilgea the position- very-badly, the nino gentlemen who refused ' to-'allowjjHumphreys to. stand- his trial for' alleged .ilianslaughter . have . helped' very materially to hasten the end of Grasd Juries ,iri:New &alandi, : ."Tho/rejection of. the/bill of indictment can "have only one effect, and that is to 'weaken public confidence in the administration of.justice, and,to create the-impression: that• there. :'are.''.mow ways- of; being acquitted of ,a .serious: crime .than;;there ought to be. i Time after- time 'the judges .have -.impi-essed upon-Grand-Juries that it is not their ;func-. tion to try, the case."-. The "News" points out that .fir.,; Justice. Denniston explicity told, the'; Grand Jury;'that, the' final issue, of : guilt'.'or' innocence was not. for:them, to decide, yofc jury proceeded, to hear, tho same evidence ■which; accordingi-to a trained magistrate, had disclosed a .prima', facio case. "It. is ialso stated that additional witnesses' were called. In the case of .'tho ' latter-, there would bo nothing whatever.; to .check■ them from making, statemerits .whhdi,would,bo ruled'out'by tho magistrate: as not 'being- evidence. ■'•■.'No. reasonable person, reading thj reports of tho-Police Court hearing .would''dissent, from' the', magistrate's .view.;;that;; there.jjras -a' case to answer, and that -in.,the. interests .of justice .the accused •should'have faced; a ; common jtir,v and got his acquittal,iif. innocent, at their; hands. ' It: will '.'excusable',if nine-tenths or. the public.; draw';the iihference that .sentimental considerations.'.weighcd-'hiore. with 'the ■ GrandJury ,than any deiiire to see-justice done: As matters., now, stand, '-: the duty.■ of..'tho' .Crown ■Prosecutor is;so clear', tha; it 'would bo presumption: on our part ,tb' emnhasiso it.-' In the' ™ en i n t .h.ne,,':it''-..Tr'ou'ld-.' I be-'fittinf! if. ono or other m t ?■' . ' ■ nen " Jers- of, Parliament were to offtoially .bring-the.'circumstances of the presont'case under,the.notice of the-Governmont."