NO BILL RETURNED

Evening Post, Issue 29, 4 February 1935, Page 10

NO BILL RETURNED

JUDGE'S SUGGESTION

ALLEGED BLACKMAIL

SECOND-hAND EVIDENCE

The objections of counsel,-Mr. R. Hardie Boys, in the Lower Court, that certain evidence tendered by the police in a.blackmailing charge could not be admitted were upheld by his Honour Mr. Justice Smith arid the Grand Jury at his Honour's suggestion in the Supreme Court today when a "no bill" was returned in the case of Hubert Reginald Heath. Justices of the Peace on the Bench m the Lower Court merely noted the objections of counsel to secondary evidence, the woman concerned in the alleged blackmail not being present, and the police tendering second-hand evidence in the form of a statement purporting to be made by the woman to New Scotland Yard police in London. The Justices committed Heath for trial. Heath was charged with demanding £100 with menaces from a woman in London with the intention of stealing In the Lower Court it was shown that Heath admitted writing numbers of letters, but maintained throughout that the woman, with whom he had Jived, had promised him £100 if he left her in London and returned to New Zealand. He threatened to ; reveal the facts of their former life if she did not keep her promise. : The woman went to the police in London and made a statement, but she herself has not returned to New Zealand. • "A COLOUR OF BIGHT." "An essential element" of it is an intention to steal the money," said his Honour, explaining the charges to the Grand Jury. "Unless the woman herself is produced to deny that she herself promised accused the money in New Zealand, he is not demanding the money with intent to steal. I noticed in the papers a statement from Scotland Yard from the woman, but that's not evidence. It seems futile to have the expense of a trial when a man has at least a colour of right, and where there's a colour of right, there is no theft. : r suggest, gentlemen, that unless you get the evidence of the'woman, that it is futile. I suggest this is a> case in which you might properly find 'no bill.'" The Grand Jury returned- at 12.30 p.m. with a no bill in the case of Heath, who was discharged. LOWER COURT SUBMISSIONS. Mr. Hardie Boys asked permission to raise the question of the Lower Court submissions. The very grounds of objection to the evidence which his Honour had raised were raised by' counsel at the Lower Court hearing, before Justices. The submissions were made /Somewhat strongly. Mr. P. S. K.- Macassey, Crown Prosecutor: Mr. Boys is not entitled to birk at the Lower Court; the prisoner is discharged. His Honour: What is it Mr. Boys you wish to raise? Mr. Boys: When the objections were made they were. not dealt with, .but only noted. His Honour: If you wish to make a complaint against the Justices, you should do so in some substantial manner. I don't, propose to hear any comment unless the Justices have notice,of it or are represented.