Charged Twice For Same Offence

Manawatu Times, Volume 63, Issue 61, 14 March 1938, Page 8

Charged Twice For Same Offence

LABOUR DEPARTMENT’S ACTION Per Press Association. ASHBURTON, March 11. A case presenting unusual features came before Mr Morgan, S.M., to-dav, when it was submitted by counsel i'oi the defence that the company concerned in the charge had already been brought before the Christchurch Court on a similar charge relating to the same set of circumstances, that the case had been dismissed, and that the Labour Department could not again charge the company in the Ashburton Court. To do so, he declared, was the reverse of British justice, and he claimed that th 6 Magistrate could not hear the case. The department alleged that Lana, Walker and Rudkin. Ltd., had made deductions from the wages of an employee under the age of 18, contrary to the provisions of the Factories Act. It was claimed by the department that deductions could be made from wages only when the mill was closed for repairs and that the company’s statement that the mill was closed on 16 consecutive Fridays for repairs and cleaning was an excuse to evade the Act. The department further alleged that the mill was closed not for machinery repairs but because of slackness of business. For the defence, Mr Tracy said that any police officer who adopted the tactics of the Department would receive the greatest censure. At the Christchurch case the evidence was the same as brought before the Ashburton Court. If the present case were dismissed, the department could come back with a third. The department's inspector said that in the Christchurch case no worker had been brought into the Court, whereas to-day a girl aged 17 had given evi‘* dence. The Magistrate said he was not satisfied that the case had been proved by the Department in regard to the reason for the closing of the mill. The case was dismissed.