TRIAL BY NEWSPAPER

Greymouth Evening Star, 11 August 1930, Page 5

TRIAL BY NEWSPAPER

DISREGARD OF FAIRNESS

CHIEF JUSTICE'S WARNING

[PEB PBESS ASSOCIATION.]

WANGANUI, August 11

At the Supreme Court, this morning, His Honor, Chief Justice Myers, in directing the Grand Jury, said that they had a right to make a presentment in matters affecting the administration of justice. It however, was not usual nowadays, but still they had the undoubted right. Similarly it was the right and duty of Judges to draw attention to the possible evils in connection with the administration of justice, with a. view to preventing their existence, or their continuance, if they exist. “There is,” added His Honor, “one matter up which I do not invite a presentment, but to which I consider it my duty to draw attention. It must not. be assumed that what I say necessarily has reference to .any case now before you, but I am led to make my remarks because there happens to be on the list a case which by reason of its somewhat sensational character, probably created at the time, a good deal of public interest, and because of the tendency oh the part of newspapers, perhaps not. unusual in our changing conditions of life, for the Press to give publicity to cases of a national character, to an extent, or what is more important, of a nature that may not be in the best interests of justice. Gentlemen, the fairness of our administration of justice is one of .our most cherished inherited traditions. a tradition that one should endeavour to hand down unsullied to the generations who come after us. It is a tradition which has been created not by the Judiciary alone, nor even by the Judiciary with the assistance only of a fearless and independent bar. Its creation and existence has been materially assisted by a free and independent Press, which has never hesitated fearlessly to criticise any matter affecting the administration of justice, whenever such criticism appeared to be necessary. But how will it. lie with the newspaper Press to criticise the administration of justice if itself is the first to disregard the principles of fairness which are regarded as the basis in the system. It is on the underlying principle of our system that the trial of an accused person >should be conducted in Court and only in Court, and that the verdict should depend upon the evidence then and there adduced, and only upon that evidence.” « “But the tendency nowadays—it has originated in other countries and unless checked, may become stronger in our own —is, in sensational cases at least, for the newspapei’ press to publish all kinds of information, partly by means of photographs, partly by sensational headlines, and partly by means of paragraphs, or connected story relating to the life history of the accused person, and to incidents of the crime of which he is accused, and other matters, which information may conceivably affect the fairness of the trial. It is all very well to say that the arm of the law is long enough, or strong enough, to punish a newspaper if it goes too far, but by that time, in a particular case, mischief to an accused person may have already been done. Anyway, I believe that on the matter being brought under notice, as I am endeavouring now to bring it before them, the newspaper press will exercise care and discretion in these sensational cases, prior to the actual trial of the alleged offender, not as if in fear of punishment, but because of their desire to do nothing that may operate prejudicially to the fair administration of justice.

“The Press will, I am sure,” added His Honor, “accept my observations in the spirit in which they are spoken.”