UNUSUAL POSITION

Evening Post, Volume CXXIII, Issue 35, 11 February 1937, Page 5

UNUSUAL POSITION

COUNSEL'S CHALLENGE

CHARGE AGAINST SEAMAN

(By Telegraph—Press Association.)

AUCKLAND, February 10.

An unexpected challenge to the jurisdiction of the Supreme Court to hear a case without the production by the Crown of a certificate from the Gover-nor-General giving leave to institute proceedings, was made by counsel for a man charged with attempted murder, and alternatively with three other offences. The. request-created an unusual situation, and resulted, in an abrupt adjournment of the case while legal argument was heard by Mr. Justice Fair. The acaused was James Gannon, aged 30, seaman (Mr. Hall Skelton), who denied charges of attempting to murder Frank Joseph Foster, with intent ■to do grievous bodily harm, doing actual bodily harm to Foster, assaulting Foster so as to cause actual bodily harm, and assaulting Foster. The charges arose out of an altercation on the American steamer Golden West at the King's Wharf on October 28. Mr. Hubble appeared for the Crown. "My client claims he is an American citizen on an American ship, and the offences charged occurred on this ship within territorial waters," Mr. Skelton said.. "He requests the Crown prosecutor to produce the certificate of the Governor-General's consent containing leave to institute these proceedings respecting the present charges in con-! formity with the Territorial Waters Jurisdiction, Act." His Honour agreed to hear counsel, and he discharged the jury from attendance until the afternoon. When the Court resumed his Honour said he had decided that the GovernorGeneral's consent was" not necessary, and that the trial might proceed. At the request of Mr. Skelton he had reserved the question whether a case should be stated for the Court of Appeal on a point of law. The hearing has not finished.