LAST BULWARK

Greymouth Evening Star, 1 August 1946, Page 9

LAST BULWARK

LIBERTY OF THE SUBJECT

COMMENT BY RETIRING CHIEF JUSTICE

PRESENT TRENDS CONDEMNED (P.A.) WELLINGTON, July 3J. The law, as an educated, learned, and highly trained profession, should on certain subjects lead public opinion, particularly on matters touching the administration of justice, said the retiring Chief Justice (Sir Michael Myers) when replying to tributes paid to him by r the legal profession to-day. “This court is the only bulwark left of the liberty and rights of the subject,” said Sir Michael Myers'. “Jt is your duty and your privilege to fight to protect that liberty and those rights. Every encroachment upon the jurisdiction of the court involves a curtailment of those rights, and in some cases those of the very , liberty of the subject.” Government by regulation and the administration of justice by administrative tribunals which restricted and took away from the subject that fundamental democratic right of access to the established courts he deplored. It might well mean that even where an appeal to a Minister was provided for it was tantamount to an appeal to the head of a department, or some person even junior to that head. As a body the legal profession was surely interested in matters of that kind. The prestige of the courts and judges and magistrates was largely in their hands.

His Honor referred to the status of magistrates and deplored the absence of any right of appeal to the Supreme Court against dismissal or suspension. Sir Michael Myers also recommended that a separate Court of Appeal, consisting of three judges, should be set up along the line of a bill drafted as long ago as 1908' by Dr. (later Sir John) Findlay. That would obviate a great deal of the delay caused now through the difficulties of judges jjji having to attend to session and circuit work as well as Court of Appeal sittings.