A MAGISTRATE'S RIGHTS.

Hawera & Normanby Star, Volume XLVI, Issue XLVI, 29 January 1914, Page 8

A MAGISTRATE'S RIGHTS.

< AN I*TEKE!*PEING DI€SUSSION. -

BT TEIJSGRAI-H—PRBBB ASSOCIATION. AUCKLAND, Jan, 28.

The right of a Magistrate to refuse to be called as a witness to give evidence as to what transpired in a previous ease, when this evidence is considered by counsel to be necessary in the interests of justice, was /the subject of an interesting discussion at the Police Court. It was during the hearing of an assault case,' in which a police officer appeared as defendant. Mr Brown, counsel for complainant, stated that he had subpoenaed Mr E. -L. Cuttpn,, S.M., to1 give evidence as to the admission of the assault, which, he had been made by defendant in a previous action in reference to the same incident.

Mr F. V. Frazer, S.M., who,occupied the Bench,;. gave his opinion' .that it was improper- to call a judicial (.officer to give evidence on an information that had come to- his. knowledge in.his official position,\ tend, he quoted an. authority which, stated that a judge w;as privileged 'to refuse io ' give, evidence under such circumstances. In the present case, every otber means of obtaining the evidence required should be exhaucsted before Mr Cutten was called. If all other means failed, he did not think Mr Cutten would continue to, avail-himself of his privilege. Mr Brown said that the authority quoted referred to judges of the Supreme Court.

After a short adjournment, Mr Frazer stated, that /if fit. Were! f pund necessary inline interests of justice, Mr Cutten would %ive evidence in rebuttal at the conclusion of the ease.'

| , Mr Brown, said that if the admission, made •by ' the defendant that, he f had placed his hands on tbe complainint , and had broken his collar would be regarded by the Bench as constituting an assault, he would not call Mr Cutten. Mr Frazer said that the act was undoubtedly an assault, but whether justified' or not w6uld be a matter for legal argument., , - - -j