STABBING AFFRAY

Dominion, Volume 29, Issue 150, 20 March 1936, Page 13

STABBING AFFRAY

Prisoner to Petition For New Trial “DISCOVERY OF FRESH EVIDENCE” Application for a new trial, on the ground of the discovery of fresh evidence, is to be made to the GovernorGeneral in Council by Mr. M. Neal on behalf of James Logie, whose appeal against bis convictions was refused by the Court of Appeal last week. In the Wellington Supreme Court on February 6 last, Logie was indicted on four counts and was found guilty on the first and fourth, the other two being in the alternative. The two upon which he was convicted were, first, that on January 9, 1936, "with intent to do grievous bodily harm to one Charles Crooke, did actual bodily barm to the said Charles Crooke, and, secondly, that on January 10, 1936, "did assault the said Charles Crooke so as to cause him actual bod, ily harm." The third count, in respect of which he was acquitted, alleged "intent to do grievous bodily harm on January 10, but this by tbeir verdict the jury negatived. Leave to appeal against his convictions was sought by Logie through his counsel, Mr. Neal, in the Court of Appeal oii March 12, the basis of the application being that evidence adduced by the Crown bad been improperlv admitted. The first question raised by Mr. Neal related to the admission of evidence of a witness named Taylor, a taxi-driver, as to Logic throwing stones at two men, not, in his submission, in any way appearing to be connected with the victim. The second question related to the admission of evidence of the witness as to one of the same two men "taking a jack handle or something out of the back of the car." The Court of Appeal, in its reserved judgment, which was given last Tuesday, dismissed the application. "We think the evidence objected to was properly admitted,” stated the judgment. "Prisoner had been in pursuit of Crooke and on each occasion when he established contact lie had stabbed him. The evidence of his further actions was a part of the whole story ami could not be excluded. He was continuing t<j carry this lethal weapon and looking for Crooke; it was entirely relevant to the charges against him to show by evidence why he had abandoned this further attempt to see Crooke. Two of the counts involved proof of intent —of the state of the prisoner’s mind —every fact that would enable a jury to draw a correct inference was admissible. Had prisoner continued his course to the door of the hotel and been refused admission, evidence to that effect could not be excluded. It was relevant to the issue to show what caused him to refrain from pursuing his intention to see Crooke. The fact thafproof of the cause involved evidence of a technical assault, by prisoner on persons otherthan‘Crooke is no ground for excluding it. Further, the legal position is stated clearly in ‘Roscoe’s Criminal Evidence.’ Leave to appeal is refused.” Before the Chief Justice (Sir Michael Myers) ju the Supreme Court yesterday, Mr. Neal asked that Logie be granted bail pending an application to the Governor-General in Council for a new trial. The Crown was represented by Mr. P. S. K. Macassey. Bail was refused, and prisoner was remanded until Monday morning when he will lie sentenced by Mr. Justice Smith, who presided at the trial. His Honour is at, present in Nelson, and if ho is not back in time prisoner will be further remanded. »

The right to apply for a new trial on the ground of the discovery of fresh evidence is conferred under Section 447 of the Crimes Act, 1908, which reads: “Where on application for the mercy of the Crown on behalf of any person convicted of a crime the GovernorGeneral in Council entertains a doubt whether such person ought to have been convicted, he may, instead of remitting, or commuting the sentence, after such inquiry as he thinks proper, by an order in writing, direct a new trial at such time and before such court as he thinks proper.” The petition, which is at present in course of preparation, Is to be forwarded to the Governor-General at an early date.