HEARING BY JUSTICES.

Hawera Star, Volume XLVIII, 6 December 1928, Page 9

HEARING BY JUSTICES.

EVIDENCE IN INDICTABLE CHARGE.

DIRECTION OF MAGISTRATE. ‘‘Why is it that the depositions ■were not made before justices of the ■peace?” inquired Mr J. S. Barton, H.M.,in the Hawera Court to-day, ■when mention was made by Sergeant J. Henry of an indictable charge, provision for a preliminary hearing of which would have to be made together with other cases get down. Counsel in another case had ashed for an indication as l to when the evidence would he taken, and Sergeant Henry brought to the attention, of the court that witnesses who were <to give evidence on the indictable charge had already been waiting for some considerable time.

r “The ca.se has already .been before a i court of justices and was remanded •"until to-dav on the application of { counsel, who wished to have the ev.i- ---\ den ce heard before a magistrate, as I apparentlv he might wish, to question the .admissibility of certain evidence,” is; tid the sergeant in ireply to the [ m ngi st rate. The magistrate: “But .surety it could be dealt with by justices of the. penvce, who have only to ascertain whether there is a reasonable, case to. he put before a jury. If objection were raised to certain evidence, my procedure ais. a magistrate would! merdly be to* have the objection noted in the margin of the depositions. That course could! also be taken by justices. In any event, should the justices decide to -send the caise for trial it would be reviewed by the grand jury before finally going to trial.” The magistrate also, remarked that the witnesses should not be kept waiting unnecessarily. At a later stage, when it became evident that there would 1 be inefficient time to complete the whole, cvf the business set down for hearing, he directed that the evidence on the indictable charge should be presented before justices of the .peace.