POLICE OBJECT

Greymouth Evening Star, 31 March 1930, Page 8

POLICE OBJECT

TO HONORARY JUSTICES. W. MAITLAND, (N.S.W.) Mar. 17. Strong objection to the presence of two honorary magistrates on the Bench, on the ground that it was a scheme to defeat the ends' of justice was taken by the police at . West Maitland Court to-day, when Tradeusz Wlodarczyk, 27, who described himself as a journalist, on remand from Sydney, was charged with having at Rothbury, on or about December 15, 1929, stolen a hat, watch, medal and clock, valued at £9, from Richard Butler, and with having stolen at the same time a wallet, clock, two shirts, a pair of braces, six handkerchiefs, a pocket knife, and fountain pen, valued at £7, the property of Frederick Butler. Mr J. J. B. Kinkead (instructed by Mr V. M. Pike) appeared for defendant,

Before proceeding with the case, the police magistrate (Mr D. W. Reed) left the Bench, and was in consultation for some time in his room with two persons. When he returned, he was accompanied by Messrs G. Crawford, secretary of the local branch of the Federated Enginedrivers and Firemen’s Association and the president of the local Labour League, and Mr A. W. McLagan. Sergeant H. S. Turner immediately asked who were the two men on the Bench With the police magistrate. Mr Reed replied that they were two Justices of the Peace, who desired to sit on the Bench with him during the hearing of the case. Sergeant Turner: Can they produce their appointments? Ho added that he thought that in this case it was necessary for appointments to be produced. If they could not produce them he would ask them to leave the Court. Mr Reed said that they had informed him that they had taken an oath as Justices of the Peace before Judge White at East Maitland Courthouse. * Sergeant Turner said that one of the men sitting on the Bench was seen having a confidential talk with acCtlSOtli Mr Reed asked which of the two gentlemen he was referring to. Sergeant Turner: The one on your tight, your worship (indicating Mr Crawford). “That is not true,” interjected defendant. Sergeant Turner: You hold your tongue. Mr Reed said the magistrate had informed him that he was not talking to accused that morning. He said he had been talking to a reporter. Sergeant Turner: I have proof, your Worship. I would not say it if I had no proof. Mr Reed: The magistrate assures me that he was not talking to accused this morning.

SEEKING EXPERIENCE. Sergeant Turner said that the attitude adopted was most unusual. Such a thing had never happened in that court before. Mr Reed: The magistrates have assured me that they are quite unbiased. They have ho interest in accused, but are sitting on the Bench more for experience. Sergeant Turner: Oh! In this case, if the men desire to sit on the Bench, I will ask for an adjournment. I v am not prepared to go on tinder present conditions. The men are there with no other purpose but to defeat the ends of justice. There is not the slightest doubt about it. Mr Reed: That is your application for an adjournment?

Sergeant Turner: I ask for an adjournment to consult with the Attor-ney-General regarding the matter. Mr Kinkead said that this was the first occasion on which such an insult had been handed out to him dur ing his association with the legal profession, either for. the Crown or the defence, and he thought that the sergeant should apologise to him and the Bench;, if he thought that there w.ds anything of a political nature about the matter he would not go on with it. Mr Reed: The sergeant should not have made the remark, and should withdraw it. Sergeant Turner said that, in view of what Mr Reed had said, he would withdraw it. Mr Reed: What length of time is it alleged that the magistrate was talking to the accused ? Sergeant Turner: For several minutes. Mr Reed: The magistrate says definitely that he was not speaking to accused. He says he was talking to a reporter, who was in court. Sergeant Turner • said that he was willing to put a person in the box whom, he alleged, saw the magistrate talking to defendant.

“I am prepared to go that far,” he added.

Mr Reed said that in a British community they prided themselves on the purity of their administration of justice. The magistrate said he had not spoken to defendant. Constable A. R. Bonney, Who was called 'by Sergeant Turner, said that he saw Mt Crawford speaking to defendant.. Mr Reed: How long? Constable Bonney: Five or ten minutes. He was speaking to him in a very confidential manner. Mr McLagan: Was I speaking to him? Constable Bonney: You were present.

Mr Crawford: As a matter of fact, T afeked a reporter who the accused was. A. reporter in the Press box stated it was a fact that he had been speaking to Mr Crawford for some time. “On my honour I never did speak to him,” said defendant. The magistrate announced that an adjournment would be refused, and that the case would be proceeded with. Sergeant Turner said that he did not intend to call any witnesses while honorary justices remained on the bench. The police, in ally case, would not be a party to it. They intended to get in touch with the AttorneyGeneral on the matter. Mr Reed: There being no evidence to offer accused is discharged. Defendant was further charged with stealing one suit, case, the property of Daniel O’Neill, valued at £l. Defendant pleaded not guilty. Sergeant Turner asked for a remand for 14 days. The police, he said, were not prepared to go on today. i Mr Klhkead said he Was opposed to the application. He was of opinion that the police were prepared to go on with the charge. The application was not bona fide, although he was sorry to say it, Sergeant Turner said that the

police had not completed their inquiries. Mr Reed: Why do you ask for 14 days? Sergeant Turner: There is a probability of the police inquiries not being completed in that time. Detective-sergeant Sadler stated that the police would not offer any evidence in the case. Sergeant Turner: Why should we give our case away? Mr Reed: It is not a question of giving your case away? As there was no evidence to offer, defendant was discharged.