REFUSED TO EXCLUDE PRESS

Dominion, Volume 32, Issue 173, 19 April 1939, Page 13

REFUSED TO EXCLUDE PRESS

Application By Counsel For Accused MAGISTRATE’S COMMENTS IN REPLY By Telegraph—Press Association. AUCKLAND, April 18. “The exclusion of the Press, and so in the end the non-publication of details, might be in certain cases more disastrous to an accused person than the publication of a full and correct report,” declared Mr. C. R. Orr Walker, S.M., when, at the opening o£ the Piha lire ease hearing, be declined to make an order involving the exclusion of the Press from the present proceedings. The application was made by Mr. Terry, who is appearing for accused McKay. Among the points he emphasized was the contention that as far as possible there should be a limit to the knowledge which potential jurymen possessed, before they proceeded at the actual trial to exercise their most important function. Mr. Sanderson. who appeared for Talbot, suitported Mr. Terry’s application. He said that only one side of the case was to be heard in that Court, and evidence might be given which would ultimately be excluded as inadmissible. Detective-Sergeant Nalder, prosecuting for tire police, said that if there were any false rumours current, the true publication of the proceedings would do more good than otherwise. Similar applications in the past had been declined. Mr. Terry said he was rather amazed to see the police adopt this attitude. Did they want to gain some advantage? Detective-Sergeant Nalder: It would help to clear up any false rumours. The magistrate, replying, said that the application was unusual. There was no reference in the section of the Act quoted to non-publication of evidence by the Press and he had had nothing put before him which provided sufficient grounds to make such an order as had been requested. He had no reason to think that a full account would not be published by the Press, or that they would, publish scrappy portions of the evidence which might mislead tlie public.