A PASSAGE-AT-ARMS

Evening Post, Volume CXI, Issue 70, 23 March 1926, Page 11

A PASSAGE-AT-ARMS

LAWYER AND MAGISTRATE

SUPPRESSION OF NAMES ARGUED.

(By Telegraph.—Press Association.) AUCKLAND, 22nd March. "These two men Lave never been in trouble before. Will your Worship order the suppression of their names?" asked Mr. Dickson, in the Magistrate's Court to-day, on behalf of two men who were fined £2 for stealing four bottles of beer. "No. I will not suppress their names," said the Magistrate. (Mr. F, K. Hunt) emphatically. Mr. Diekson: "These men have never been in trouble before, I would like— " Mr. Hunt: "I won't suppress their names, so that's the end of it." M*. Diekson: "I insist upon argument." Mr. Hunt: "Not now. Toucan argue as long as you like, afterwards, when we come to the end of the list. All the argument in the world ,won 't make any impression on me." Mr. Diekson: "What's that, your Worship? I submit' that if you say that no argument. that I place before you can —" Mr. Hunt: "Not in this case. These men have pleaded guilty to stealing another man's.beer." Mr. Diekson: "I insist upon arguing the matter at the end of the list, sir." The matter was then stood down until all.the other cases had been disposed of. When the case was reopened, Mr. Hunt said it was no form of punishment at all if the names of the offenders were suppressed. Every case depended upon the circumstances. In the present case both accused had pleaded guilty to the theft of beer. "Well, I formally make application for, the suppression of their names, as both my clients are first offenders," said Mr. Diekson. '' Secondly, they are married men, and the publicity is going to punish them far more than the fine imposed." Mr. Hunt: "Yes, of course it -will." Mr. Diekson: "I suggest that it would be-greater in proportion to the offenceß. I also, suggest to your Worship that the'whole law is favourable towards the suppression of offenders' names. This Court has in the past been in the habit oE suppressing the names of first offenders. That has been the attitude adopted by one Magistrate." Mr. Hunt: "Yes, and this is the attitude of another Magistrate." Counsel pointed out that there was a clause in the Probation Act which stated that the Magistrate could exercise his discretion in suppressing the names of first offenders. Mr. Justice Stringer suppressed the name of an offender in the Supreme Court. "Yes, but he. said he was very reluctant to do it," replied Mr. Hunt. Mr. Diekson: "Well, I suggest that the wholo policy of the law is in the direction of suppressing names of first offenders. I also suggest that the Press should have no influence upon what the Court decides on the question of the suppression of names. The Press of Auckland took up an unfair and unreasonable attitude, and is trying to dictate to the Court. We heard a great howl from the Press because a Magistrate suppresses a name." Mr. Hunt: "Well, I refuse your application in this case. Where circumstances, in my opinion, warrant my suppressing a name, I will do it, but not in these cases. The accused pleaded guilty. In such: cases as, these, publicity is the only punishment. Tho application is refused."