COURT NEWS

Grey River Argus, 19 August 1937, Page 8

COURT NEWS

REFUSAL OF HABEAS CORPUS. (Per Press Association], INVERCARGILL, August 17. Refusing a writ of habeas corpus in the case of Eric C. Taylor, who was sentenced to 14 days’ imprisonment by Mr. W. H. Freeman, S.M., for negligent driving, Mr. Justice Kennedy said the submission was that the tribunal was disqualified by bias, and was without jurisdiction. The reason for this submission was stated to be that the learned Magistrate asked a question as to a conviction in his own Court, which implied his personal knowledge of the conviction which he had entered at an earlier date. He also showed, it was said, bias and prejudgment in asking a question which elicited a conviction in Dunedin. “Bias is a question of fact. The mere recollection of a judicial officer that he had dealt with the offender at an earlier date is not bias. To put a question as to a conviction in another Court, the question being inexplained, but the suggestion being made that the mind of the learned Magistrate was not a tabula rasa, as it was suggested it should be, because he had some knowledge, probably by reading a newspaper, sufficient to prompt the question, is quite inadequate to disclose bias disqualifying him from proceeding upon the inquiry, and depriving him of all jurisdiction. The learned Magistrate had no pecuniary interest. He wa's not judging his own case, and the knowledge or recollection which prompted the questions does not show an interest so substantial or of such a character as to be likely to give rise to any reasonable suspicion of bias. In England it has been held, on an application for a writ of certiorari, that the fact that a Magistrate present on the Bench had given evidence in another matter against the person charged before the Court did not give l rise to the presumption of interest or bias in the result. It appears that the proceedings were within the jurisdiction of the learned Magistrate, and the application must fail.” £1036 DAMAGES. WELLINGTON, August 17. Mary Ann Clarke, a widow, of Matahiwi, a passenger in a car which collided with a lorry near Masterton, was awarded £1036 damages from Frederick Allen, a carrier, of Upper Plain, in the Supreme Court to-day, before the Chief Justice, Sir Michael Myers. The jury returned a verdict for the plaintiff, adding the view that the drivers of both vehicles were negligent.

HAMILTON SESSIONS. HAMILTON. August 17. The quarterly session of the Supreme Court opened at Hamilton today, Mr. Justice Callan presiding. Tn a brief address his Honor, congratulated the district on the light criminal list. True bills were returned against Kenneth Patrick Blair, a chemist, of Hamilton, charged with supplying a noxious thing with intent to procure a miscarriage and Charles Edward Murphy, who was charged on four counts embracing forgery, theft, breaking, entering, and theft, and unlawful conversion of a car.