COUNSEL REBUKED

Evening Post, Volume CXXXVIII, Issue 23, 27 July 1944, Page 6

COUNSEL REBUKED

DIRECTED TO APOLOGISE

A sharp rebuke to counsel for the defence Avas administered by Mr. Justice Blair in the Supreme Court yesterday for the manner in which a question' had been put to a AVitness, and a warning given that such tactics would not be tolerated. The counsel, Mr. R. E. Harding, put a question to the witness, which, as his Honour said, postulated a state of affairs which the witness had either denied or had not been asked about. "I'-won't have it, Mr. Harding," said his Honour. He had been warned previously and had used up all his excuses. "Don't do it again. It was deliberate." "Next time I shall take drastic action." he continued. "Noav you just correct that and apologise to the jury for putting a misstatement of the position. Go on, do'it." "I apologise to the Court, of course, said Mr. Harding. „__,__._,, . . His Honour added that if he wanted to make a success of his cross-exam-ination he must be fair. He was entitled to "cut the- A\'itness to ribbons,if he could, but ho must be fair. Mr. Harding was frequently asked by his Honour during his cross-exam-ination of the witness as to the relevancy of'his questions. At one stage his Honour pointed out that the case concerned alleged incidents on April 26. whereas Mr. Harding's questions Avere concerned with income tax payments and-the accounts'of a business in 1939. Mr. Harding's questions on those matters commenced yesterday morning and continued for well over an hour after the Court resumed in the afternoon. A number of times his Honour questioned their relevancy, Mr. Harding replying that he was endeavouring to question the credit of the AVitness. On one occasion, after tlie witness had replied to. a question, Mr. Harding said. "Well, that takes us a step further." "I'm sorry you answered that question," said his Honour. Mr. Harding looked up. "I Avas speaking to the AVitness," added his Honour.