HABEAS CORPUS WRIT

Gisborne Times, Volume LXXXII, Issue 12254, 9 April 1935, Page 4

HABEAS CORPUS WRIT

STATUS OF AUSTRALIAN STATES POLICE! CONTENTIONS UPHELD UNUSUAL APPEAL METHOD SUGGESTED (Pn-Rm WELLINGTON, April 8. A rule nisi made for the issue of a writ of -habeas corpus in the case of Madge Munro was discharged this morning. His Honor, Air Justice Blair upholding the contentions cf counsel ,for the police that t’.ic dermition of part of His Alajesty’s Dominions did not, hy reason of the ci n-stituti-on of the Comraonvca,-.!i, have any, effect upen the position and the authority of individual .Australian States. Costs wore ask >d Tor hy counsel, and £7 7* was allowed The question of an appeal was raised by counsel for the prisoner. It- was claimed that because of the passing of the Acts Interpretation Act. 1924 the reasons for the former authority that there was no appeal in such a case as the present had passed. Air Justice Blair pointed out that applications could be made to all the judges in turn, and if any one of them granted a habeas corpus writ that was the end of the matter. That course might he better from counsel's point of view than appealing, [f three judges in the Court of Appeal decided against the prisoners--the cane also affects William Campbell—there would he an end ro ft. B applications were made to judges, they were bound to hear them ui term time cr in vacation. The prisoners could not he- put on a ship until the arrival of" the depositions, and the Court of Appeal would, b«* adjourned until probably Alonday next for the delivery of'such judgments ac. might he ready. Counsel might got special leave to appeal. He was bound by the decision of the Court of Appeal in re Bouverie that there was no appeal. Counsel agreed to consider the course he wculd adopt, nn<J the court '■•dj-ourned. ;