Greymouth Evening Star. AND BRUNNERTON ADVOCATE. THURSDAY, JULY. 28th., 1932. ON THE BENCH

Greymouth Evening Star, 28 July 1932, Page 6

Greymouth Evening Star. AND BRUNNERTON ADVOCATE. THURSDAY, JULY. 28th., 1932. ON THE BENCH

Magistrates, and Coroners are but human, and'therefore liable to err, although, perhaps, such a possibility would not be inferred from the oracular attitude maintained by some on the Bench, higher and lower. Respect offered because of their position is occasionally misconstrued, and it is well that timely reminders are given that there are rules to bind those presiding in Courts, just as there are regulations governing the lesser men therein. How such friendly intimations were best given, whether in public, or privately, or both, must be left to the discretion of the mentor.

It is a matter for some concern that there have been incidents, of late both in Britain and New Zealand, in connection with Court officials, that have not been edifying. In England, Mr. Justice MeCardie, after a series of unnecessary expressions of his personal ppinion on various matters, went on strike because a senior colleague rebuked him for his injudicious eloquence. Justice MeCardie threatened not to supply the customary “notes” of eases he presided over, to the Appeal Court, should his critic be included on the Bench. There was immediately a great Press and Parliamentary outcry, and the Judge’s “threat” was soon withdrawn, and

outward peace prevailed once more. The prestige of British Courts of Justice is not advanced by open

squabbles between occupiers of the [ Bench. k The desire for publicity appears to inspire comments from the Bench, especially the Magisterial, that were better left unsaid. There are one or two S.M. ’s in this country, who are “ever in the news,” mainly because of their retorts to accused persons, who may, of course, deserve all they get. Whether it adds to the dignity of the Courts to have such verbal blows occurring regularly, must be left to individual opinion. The real safeguard is the care exercised by the higher judicial authorities over what their “juniors” are saying. Chief Justice Myers made some comment at Timaru, yesterday, regarding utterances of Magistrates and Coroners. Without making any reference to what was said by those to whom Sir M. Myers referred, it may be claimed that his intimation was timely. As Chief Justice, it is his duty to see that the highest standards are maintained, and doubtless his rebuke will be taken in good part. The senior Judges, themselves, are not free from cause for criticism (as the judgment of the Privy Council in the Kwong Chong case, recently, but they are usually careful to avoid making statements not in accordance with the highest traditions of British Courts of Justice. That is the example the lesser luminaries should follow.