COUNSEL CRITICISED

Northern Advocate, 7 August 1934, Page 4

COUNSEL CRITICISED

CHARGE OF BIAS, “ILL- POUNDED,” SAYS JUDGE. MOTOR LICENSING CASE. (Per Press Association.—Copyright.) WELLINGTON, This Day. The impropriot}’ of a person acting as both counsel and witness was strongly emphasised by the Chief Justice, Sir Michael Myers, in the Supreme Court, when giving his decision in a motor licensing ease. His Honour said the capacities of, counsel and witness in combination were incompatible, and calculated to embarrass not only the person who' so acted, but also opposing counsel and the court -as well. His Honour pointed out that in connection with a claim by Newman Eros. Ltd., of Nelson, allegations of bias .were , made against Mr J. A. C. Allum, in his capacity- as Central Licensing Authority, in an affidavit made by counsel for Newman Bros; (Mr R. E. Harding), His Honour continued: “When the action came for trial before me, counsel for Newman Bros. Limited, said that as a result of inquiry it had been ascertained that the charges of bias wore ill-founded, and he desired unreservedly to withdraw them, I have no hesitation in saying that if charges of this kind are to be made, they should -be deposed to, by the persons on whose behalf they are made, or by the person who has made inquiries and is in a position to give evidence as the result of such inquiries, and not by a legal advisor, certainly not by counsel. It is far from satisfactory that a member of the bar should find it necessary, ns counsel, to inform tho court that the statement deposed to in an affidavit by himself as the basis of an application, for an interim injunction illfounded. ”