CHARGE WITHDRAWN

Evening Post, Volume CXXX, Issue 129, 27 November 1940, Page 5

CHARGE WITHDRAWN

IMMIGRANT'S CERTIFICATE

DEFECT IN PROCEEDINGS

(By Telegraph—Press Association.)

AUCKLAND, November 26. • The charge of a breach of the Alien Control Emergency Regulations, 1940, brought against a younjr German Jewess, Use Katzenstein, in the Magistrate's Court on Wednesday, was withdrawn today at the suggestion of the Magistrate, Mr. Orr Walker. The Magistrate said he had considered the legal points raised by counsel. Mr. Terry, and found that there was a defect in the proceedings He suggested that the police withdraw the present information and added that the case could be heard de novo The police might consider that adequate warning had been given. Further proceedings would only resul in punishing the defendant and would not act as a warning to the public.

The police withdrew the information.

The charge was that the defendant had altered her certificate of registration by crossing out the word "German" and inserting the word "none" in the space, provided for showing nationality. Counsel raised the legal point that the defendant could not be charged with an offence allegedly committed in July under regulations introduced in October. He submitted that the regulations were not retrospective.