WRONGFUL IMPRISONMENT.

King Country Chronicle, Volume XXII, Issue 2669, 20 December 1928, Page 5

WRONGFUL IMPRISONMENT.

CASE OF ARIA RESIDENT. - PROMPT RELEASE ORDERED. A sequel to several proceedings taken in the Te Kuiti Magistrate's Court was heard in the Auckland Supreme Court on Tuesday last, when it was brought to light that a resident of Aria had been wrongfully committed to prison. Illegal committals are fortunately very rare in New Zealand, and when the fact was disclosed, Mr. Justice Blair ordered the discharge of the prisoner with the utmost promptitude. The imprisoned man who secured his release after being in gaol since November 29 was Francis Caiirns, aged 65, a farmer, of Aria, 25 miles inland from Te Kuiti. He~"had been committed there on account of his failure to pay the costs of a Supreme Court appeal he had undertaken on behalf of his young daughter. Mr. W. Noble, of Te -Kuiti, applied for a writ of habeas corpus for Cairns' release, and was successful in securing it. The facts were that Cairns' daughter became a mother when she was 14 years of age. He made complaint for maintenance against a neighbour, George Rayne Bell, for whom the girl had been working, but the application was dismissed. Cairns appealed to the Supreme Court, and again failed, and £27 costs were given against him. Faced with the costs of the birth of his daughter's child and with the funeral expenses of his wife, he was unable to find the money. On November 29 he was arrested for non-pay-ment of these costs and sentenced by Mr. R. M. Watson, S.M., in Te Kuiti, to six weeks' imprisonment, with hard labour.

ILLEGAL ACTION ALLEGED. Acting on instructions from Mr. H. T. Morton, of Te Kuiti, Mr. Beckerleg opposed the granting of the writ of habeas corpus. His Honour declined to adjourn the hearing of the case even for five minutes. Mr. Noble was drawing attention to some of the pathetic aspects of the case when His Honour checked him by reminding him that he Was not a jury. "Do not insult my intelligence by treating me as a jury," said His Honour. Mr. Noble argued that the warrant issued for the arrest of Cairns was wholly illegal and irregular, and that the magistrate had exceeded his jurisdiction. Mr. Beckerleg, who said he was in the position of having to learn the facts of the case as he went along, argued that a warrant could be issued for Court costs in such circumstances. Such costs were recoverable by distress warrant. His Honour said the man had never been brought up and asked why he could not pay. They simply issued a warrant and followed it up by a distress warrant.

In giving his decision His Honour said he ■ did not think Mr. Beckerleg could have made more of the case than he had done, even if he had had a week to consider it. The short question in this case was whether costs awarded in the Supreme Court on a committal made to that'Court from refusal of an order under the Destitute Persons Act could be enforced by commitment following on distress without making a charge against the man under section 61 of the Destitute Persons Act. THE RIGHT OF TRIAL. The procedure of course, affected the sacred rights of liberty of the subject. Section 336 of the Justices of the Peace Act said, "may enforce payment thereof by warrant of distress or commitment in like manner as if such costs had been costs awarded by such .justice on the original adjudication of the case." They were then relegated to the Destitute Persons Act to see what a justice could do if application were made to him under that Act to enforce an order for costs.

It seemed to His Honour perfectly clear that although they could be enforced by distress warrant if further means of were desired it must be done under section 61 of the Destitute Persons Act, and that being so the man was . entitled to be tried. He had to be charged with failure to comply with the order, and if he had no reasonable case then he could be committed. This man had never had a hearing. Clearly he was entitled to the issue of the writ asked for, and he made an order; accordingly. : Mr. Noble: Can we get costs against anybody? - •-*;•.■ His Honour said it seemed a case for substantial costs. He would allow £ls 15s and disbursements against Bell, who issued the warrant. He would sign the warrant immediately, so that the man could be discharged.