JUDGE’S REBUKE

Greymouth Evening Star, 12 August 1932, Page 9

JUDGE’S REBUKE

COUNSEL CALLED AS WITNESS

MELBOURNE, August 2

An unusual incident occurred during the hearing of a case in General Sessions to-day. Junior'counsel for a defendant, was called as a witness to support a statement by his client incriminating another prisoner, and after he had given evidence, was rebuked by the Judge. James McKenna Scott was charged with Laurence Stanway with having stolen a motor car. Mr. Maxwell, K.C., and Mr. 3. P. Bourko were appearing for Scott, and Mr. Doyle and Mr. Frederico were appearing for Stanway. Scott, under cross-examination by the Crown Prosecutor (Mr. Sproule), said that Stanway in the presence of Mr. Bourke, had admitted having stolen the car.

Stanway (from the dock): You are a liai\ Scott: If Mr. Bourke is-put in the box he will support me. After Mr. Frederico had addressed the jury on behalf of Stanway Mr. Maxwell said: “A position has arisen which has not arisen before in my experience. Scott desires to call my learned junior to give evidence for him and it seems to me that my learned junior is bound to go into the witness box and say what he knows.” Judge Woinarski: I can see no objection in the circumstances, but it is very 'unpleasant and a very unusual thing. Mr. Bourke took off . his wig and gown and was sworn. After he had given evidence and been cross-exam-ined, Judge Woinarski said: “Your appearance, in the box on this occasion and in these, circumstances should teach you what a reprehensible thing you did in having this conversation with Stanway at Prahran. It is time you studied the ethics of the profession to which you belong. In the circumstances you should not have been counsel in this case.”

Stanway (from th© dock): I would like an opportunity of going into the witness box to contradict ’what has been said.

Stanway,’.on returning to the witness box, denied having made any admission to Mr. Bourke. Detective- Deliminico said that the account given by Stanway of his .conversation with Mr. Bourke was substantially true. Both accused were found guilty of receiving. In the verdict against Stanway the jury added a strong recommendation to mercy. Scott and Stanway were remanded fox- sentence.