QUESTIONS OF FACT

Hawke's Bay Tribune, Volume XXIII, Issue 102, 11 April 1933, Page 2

QUESTIONS OF FACT

"JURY IS THE SOLE JUDGE.” BASE OF OUR LIBERTIES. Emphasis on the point that in courts of law, the credibility of witnesses is a question for the jury, and for the jury alone, was made by Mr. Justice Osler, in the course of a judgment delivered in the Court of Appeal. ‘‘Whatever the presiding judge may think as to the credibility of witnesses cannot affect the matter,” His Honour said. ‘‘Even if the judge absolutely disbelieves a witness, and is convinced that his or her evidence is perjured, he cannot withdraw the case or the evidence of that witness from the jury.” The Jury is the sole judge of all questions of fact, Including the question of fact as to whether it believes the evidence of that witness, and tho absolute right of the Jury to believe or disbelieve any witness in a criminal case cannot be controlled or questioned by any court This is a constitutional rule which Is a comer stone of our libel ties. ‘‘Even if this court had all the powers of the Court of Criminal Appeal in England, in my opinion it would be equally powerless to interfere with this verdict. It could do so only if the verdict was unreasonable or not warranted by the evidence.”