CHARGES DISMISSED

Evening Star, Issue 22193, 22 November 1935, Page 14

CHARGES DISMISSED

POLICE PROSECUTION FAILS MAGISTRATE'S ADVICE TO DEFENDANTS ' The fairness of the procedure that governs the laws of evidence in British courts was illustrated in the Police Court this morning. Three men-r i Robert Gardener, Mungo Kmkwood, •and ' George Anthony Silva—were charged with fighting outside a city ! hotel: The police intimated that they ■had-no evidence to offer as to the actual assault, but that it was proposed , to. call one of. the men to give evidence ■about the others. Mr C. J. L. White, .who represented Silva and Kirkwood, strongly objected - to this, suggestion, and the magistrate, after informing jth© defendants that none -of them was bound to ’give evidence, advised one (when he did enter the witness box) to refuse to do so. . Inspector O’Halloran: I propose to take the charges separately and use one' of the defendants against the others. , . ■ . ■ Mr White: I object! ..It is an un- , heard-of thing to issue summonses and " subpoenas at the same time. • Mr Bundle: Yes, the defendants are not bound to give evidence and may (refuse to do .so. ■. , . , Mr White: This wasn’t a fight at *ll—Silva Was massacred by Gardener. The Inspector: Gardener is notreI presented. Perhaps ho could be called. Mr White: Is that fair? Mr Bundle (to Gardener): You are not bound to give evidence. Gardener: I don’t wish to. Mr Bundle: Your objection is subThe "inspector then called constables who took statements from Silva and Gardener, both of 'whom blamed the other for starting the brawl. Kirkwood refused to make a statement. The Inspector again suggested that Gardener should be called. ■ Mr Bundle (as Gardener went to the ; witness box): I repeat that you are not bound to give evidence and advise you to refuse. . . ’ Gardener then refused to give evidence, and His Worship, remarking that he had no evidence of the actual assault before him. dismissed all three charges. ’ .