CASE DISMISSED

Gisborne Herald, Volume LXXII, Issue 21632, 8 February 1945, Page 4

CASE DISMISSED

HOGAN PROSECUTION TECHNICAL GROUNDS MAGISTRATE’S QUERIES (P.A.) WELLINGTON. Feb. 8. The case against John Hogan, for continuing to fail to comply w.ith an order of a man-power officer at Lower Hutt to take up work at the Wellington Woollen Mills. Petone, which was partly heard at Petone a fortnight ago, was continued before Mr. A. M. Goulding, S.M., yesterday. The information was dismissed. Mr. E. F. Rothwell, for Hogan, submitted that there was no proof that on December 4. the date of the present information, Hogan was liable to direction or had been so directed. Upholding this opinion of counsel, the magistrate said: “I think it was necessary, even assuming that it was a continuing offence, for the prosecution to prove that on December 4 Hogan was a person on leave from military service without pay and therefore liable to direction. On that ground the information ought to be dismissed.”

During the hearing the point was raised as to whether it was necessary to prove that a continuing failure to comply was a continuing offence. The magistrate also raised a point as to the clarity of the clause in the regulation regarding penalty, and whether he could under the regulation impose a penalty for a continuing offence.

The regulations state that for a breach, imprisonment or a fine not exceeding £SO, and a fine not exceeding £5 per day for a continuance ol' the offence can be imposed. These penalties, said the magistrate, covered the original offence, but no penalty was clearly' defined for a second charge of continuing to fail. His Woi'ship stated, however, that as the information had been dismissed' on other grounds, it was not necessary for him to come to a decision on the two points raised.