DISMISSED FOR WANT OF PROSECUTION

Dominion, Volume 19, Issue 99, 21 January 1926, Page 13

DISMISSED FOR WANT OF PROSECUTION

CURIOUS POSITION IN SERIOUS CASE

Br Telegraph.—-Press Association Hamilton, January 20. A curious position arose in the Hamilton Alagistrate’s Court to-day. A young man, Roy Charles Dorn, last week was remanded to appear to-day at Hamilton on a charge of attempting to murder Aluriel Tetzlaff. As the police were not ready to proceed with , the preliminary healing owing to the girl being still in a critical condition, it was considered expedient that Dorn should be brought before the Auckland Court, where a fourth remand would be asked for, but as he had been remanded to appear at Hamilton it was necessary to ask for a remand in the lpcal court. When this remand was applied, for to-day, Air. Wyvern Wilson, S.M., said that unless the man was before him he could not deal with him. Senior-Sergeant Sweeney said that the police considered that by caulsing accused to appear before the Auckland Court the trouble and expense of bringing Doni to Hamilton would be avoided. The Alagistrate asked to see the information. , X Kt. . Senior-Sergeant Sweeney' thought that this was at Ngaruawahia, where accused was first charged, and where ultimately the case would probably' have to be heard. , His Worship said that as accused was not present, and the informatipn was not produced, the case must end there, so far as he was concerned. He therefore dismissed the charge for want of proseDorn’s position is not affected by the dismissal, as he would appear before the Auckland Court to-day on the same charge, where a remand would be applied for, and doubtless, granted. In any case, it would be quite competent for the police, were Dorn’s release ordered, to rearrest him immediately ami again charge him with the same offence, as a dismissal for want of Prosecution is not equivalent to an acquittal, which in an indictable offence can only be made by a jury.