LAW DISAPPROVED

Dominion, Volume 27, Issue 184, 3 May 1934, Page 4

LAW DISAPPROVED

Jury Trial For Escaped Prisoners CRITICISM BY JUDGE By Telegraph.,—Press Association. : Auckland, May 2. Strong disapproval of the law which enables men escaping from prison to put the country to the expense,of trial before a jury was expressed by Mr. Justice Ostler when delivering his charge to the Grand Jury at the Supreme Court. . His Honour said that two men, Raymond Claude Hogg and John Thomas Hartley, were charged with escaping from Hautu Prison Camp on February 16. They were serving fairly long sentences. There was no doubt that they attempted to escape, although there might be a point of law as to whether they were still on prison property. They were not captured until after 36 hours. “Escaping is an indictable offence,” said the Judge, “and I do not. think it ought to be. The consequence is that a person who is charged has a right to be tried by a jury. I do not think that is right. A person who litis become a criminal and has forfeited his rights as a citizen should be dealt with by the prison officials, but these two men are able to put the country to, the expense of bringing them from Hautu, also the officer in charge of the camp and two warders. These men have to be here for several days, and substitutes have to be found to do their work and look after 100 or more prisoners down there. Clearly that is going to cost the country a considerable amount, all to give two criminals a little holiday in Auckland.” The Judge said he did not know what the jury thought of it, but he thought it was absolutely ‘wrong that criminals should be able to put the counry to all that expense. He suggested that if the jury agreed with him it could make some rider to that effect, and he would be very happy to send it on to the authorities. The following rider was returned by the grand jury: “The grand jury is of the opinion, that owing to the expense incurred in bringing prisoners before a common jury for trial.' it would be better for the offence of escaping from prison to be dealt with by a magistrate or a justice of the peace under the appropriate prison regulations.” ■