BAIL ALLOWED

Evening Star, Issue 22542, 9 January 1937, Page 13

BAIL ALLOWED

ATTEMPTED BURGLARY CHARGE DEFENCE TO SET UP ALIBI 4 'A successful application for release on bail wasmade to Mr H. W. Bundle, S.M., in the" Police Court to-day by, John Ooory, who is with attempted breaking and entering, with intent to commit a crime in the shop of Shillings Ltd. On behalf of Ooory, Mr Denzu Simpson renewed application for bail. The defence would be an alibi, and some of accused’s witnesses were known to bjirp by sight, only-. wO ?W hare difficulty in communicating -with them other than by personal contact. A<> cused could well comply with any'condition as to reporting that. His Worship might think fit to order, and there was no possibility of hi* not- appearing in court on January 13. Chief-detective Young said the first point to consider was whether accused was bailable by right or at the discretion of His Worship, who was aware erf the points that had to be considered in granting bail. He submitted that the defence had not produced any further relevant argument in support of the appliowtion. In the most recent case in New Zealand on the question, Rex t. Hewer, the court agreed; that the decisions in Rex v, Valli and Rex v. Robinson on the points of appearance for trial, the nature of the crime,the punishment on conviction, and the. severity of punishment' still held. In Hewers case, Mr Justice'Fair said: “ Then it' was submitted that the accused would be prejudiced in the preparation of his defence if he were not granted bail, as it would be necessary for him to confer frequently with hia counsel with regard to the medical evidence adduced by the Crown. ' The accused’s confinement may cause some inconvenience in this respect, but I have no doubt that every reasonable facility for consultation with his coup-; sel will be afforded him, and so neither he nor his advisers should be* pra* 1 judiced.” The Magistrate: It is a different matter if a bona fide alibi is set up,; the main point being that the man* shall appear to answer the charge. It is not a case of a man being arrested while committing an offence, as I un-; derstand from the statement of tha prosecution that the man was seen coming out of an alley-way. ■ The Chief Detective : Yes. Near tha scene of the crime. The Magistrate said that, _ considering all the circumstances, this was, ha thought, a case in whicii hail should be allowed. Accused would be released on his own recognisance, a condition being that he reported tjwiqi to fipHe* '