Legal Conundrum for Judge

Manawatu Times, Volume 60, Issue 250, 23 October 1935, Page 9

Legal Conundrum for Judge

DEFENCE FEES FROM MONEY ALLEGED TO BE STOLEN

AUCKLAND, Oct. 21.

Sinco the arrest of Paul Edward Din and his mother, Madeline Elizabeth Din, on charges of defrauding the Post Office of sums amounting to over £4500 tho Crown has taken all legal steps to prevent the money being used until its ownership has been finally determined by the process of law. Claiming that the use of a portion of this money was essential for the purposes of the defeneo of the Dins, Mr Jenkins made application to. Mr Justice Callan in the Supreme Court on their behalf to have a charging order on tho bank draft for £3Ol 10s set aside. He proposed that the money should be paid into the trust account of the Dins’ councci’, Mr Kingston, who would disburse it only for tho purposes of defence and would give an account of what happened to it. Mr Hubble, on behalf of the crown, opposed the application. Counsel’s argument was based on the principle that every man has presumed to be innocent until he was proved guilty and the Crown could succeed on its charging order only on the presumption that Din was guilty. It must not be assumed that all the money in the possession of accused was stolen property. Mr Hubble suggested that the correct solution was that the State must provide for the defence if tho judge considered that in the interest of accused.

His Honour: Supposing iu tho end itis found that I haVo given him Crown moneys in order to help him prove that they were not Crown moneys?

His Honour said it was a very unusual connundrum that had been presented him at a very late stage and lie would take time to consider it.

Later iu the day His Honour issued an order in terms of Mr Jenkins’ motion with this addition: "The solicitor for L. E. Din undertakes nothing released by this order will be retained by him and so far as it is or may bo turned into money will be so retained in his law trust account and will be used only in payment of such costs and disbursements incurred in the defence of L. E. Din in the criminal prosecution as may be allowed by the registrar of this court.” His Honour added that insofar as this motion sought to make a money available for tho defence of civil proceedings, that was uot now dealt with but any such application might bo renewed under this motion after the criminal proceedings.