SERIOUS ALLEGATIONS

Dominion, Volume 10, Issue 3058, 20 April 1917, Page 8

SERIOUS ALLEGATIONS

; _—«—.— UREWERA PERJURY CHARGES COUNSEL TAKEN TO TASK By Telegraph—Press Assoaiatilon. Hamilton, April 19. When Mr. J. Lundon, counsel for tlio : defence in tho charge'of perjury against Tioke Hakaijjare, had concluded his address'to tho jury, in-the Supreme Court this afternoon, Mr. Mays, representing the CVp>yn, rose and said ■that counsel for tho defence had told tho jury,: in effect, that two of. the constables who had 'given evidence in Court had committed perjury in an affiliation case'at Auckland, and lie was in serious doubt what should he done in the- matter. . These' constables had not been asked one • question in the presont case relating to that matter, and ho thought that he (counsel) should have ail opportunity, to interview them. In his opinion, it-was oho of the most serious statements-ever made to a jury, and Mr. LundoJihad so abused his position as counsel that itwas a question whether it should not'form a ground for an application for a new. trial in case of an, acquittal. .Counsel, said he also, wanted to go into the .matter of the Torawhiti case, also referred to by counsel for tho defence, as one of the witnesses concerned in that case had not been asked one question concerning it..':",..' .

His Honour said he had intended to direct the jury not to consider the whole of counsel's, address delivered 'between 10.30 and . 12.30,. as .. being wholly, beside the. case... Mr.. Mays said that;ho had been informed that tho statement referred to ivas absolutely and. totally contrary to facts in regard to the affiliation case. -His Honour: Shall I send the jury away -until to-morrow morning? Mr. Ma,7s:_.l_t]iink I am entitled to it. This is a'serious matter,-and serious enough : 'to. make an application for .a 'new/trial: ;';.,.■; .; r': - :] ' His Honour: If • it we're-not for the expenses incurred in connection with the casei and the difficulty. for '.witnesses to attend, I should ho very much inclined'-to quash tho whole proceedings. : '.-'•''"■■ '•'■ ■'' ' -i" Mr. Mays: It is a serious thine; to, ask that a jury be dismissed without a- verdict, but'to say the least.of it wo are oil tho border-line of abuses'which, would .warrant a new trial.- ;': His Honour said that it was a most unfortunate thing that counsel for the.defence should have allowed himself to he carried: away apd refqr to the matters. The witnesses concerned should, have .been questioned' in the matter when iii the box, and not allowed to remain under a slur that they had been guilty of .penury.. ■ Mr. Luiidoii: I did not say that they had committed perjury. Mr. Mays: You did so in effect. '.'■'• The-case was .;tll6n adjourned until 10 o'clock next morning'.-