NEW TRIAL ORDERED

Dominion, Volume 30, Issue 113, 6 February 1937, Page 11

NEW TRIAL ORDERED

Charges Against Woman HEARING TO TAKE PLACE ON FEBRUARY 15 By order of the Solicitor-General (Mr. H. H. Cornish, K.C.), a further trial of Mrs. Isabel Annie Aves, of Hastings, on seven charges of using an instrument with intent to procure a miscarriage, is to take place at the present criminal sessions of the Supreme Court at Wellington. At the third trial on Thursday, when the jury, as at the first trial in Napier in August and at the second trial in Wellington in October, failed to agree. Mr. H. B. Lusk, Crown prosecutor at Napier, who conducted the prosecution, said he desired formally to ask for a further trial, -but would prefer the application to be held over until he had consulted the Solicitor-General. That course was adopted, prisoner being remanded until yesterday. The case was mentioned in the afternoon, when Mr. Lusk told the Chief Justice (Sir Michael Myers) that the Solicitor-General had instructed him to s’ay that in the special circumstances surrounding the case there should be a further trial at the present criminal sessions.

Mr. C. G. E. Harker, of Waipawa, counsel for prisoner, said he had no objection to a new trial. He understood that the court had no discretion in the matter.

His Honour: 'I have always been under the impression that oncct a true bill has been found the indictment can onlj’ be disposed of in one or other of two ways. That is. to say, by verdict of the jury or by stay of proceedings under section 435 of the Crimes Act. I have also, quite apart from authority, always held the impression that the question as to whether or not there should be a retrial is a matter entirely for the law officers of the Crown and nothing whatever to do with the court. The court has no discretion. These impressions I find are confirmed by the authority of Mr. Justice Salmond. . . . I am entirely in accord with what the learned judge there says. Tfie Crown is entitled to a further trial and I make an order accordingly. The case was set down for hearing on February 15. Bail was renewed.