Magistrate On Aspects Of Law

Northern Advocate, 30 May 1949, Page 5

Magistrate On Aspects Of Law

WELLINGTON, Mon. (P.A.)—Observations on his 11 years on the Wellington Magistrate’s Court bench were voiced by Mr A. M. Goulding, S.M., today when the legal profession and representatives of the police and court staffs farewelled the senior magistrate and congratulated him on his appointment as chairman of the Licensing Control Commission. Mr Goulding referred to the right of appeal recently provided for against convictions under the Justices of the Peace Act and restoration of the right of appeal in tenancy cases. Right of appeal should not be denied anybody, he said. The Magistrate’s Court dealt with cases summarily and quickly and where necessary, on appeal to a higher court, they could be looked into more deeply. SENSE OF LAWLESSNESS The war, he said, seemed to have engendered in some people a sense of lawlessness with; a release of discipline. There were wartime controls for various reasons. Some were now relaxed, but some were remaining and in breaches of these a certain disrespect for the law arose. Many reputable people, he said, saw no wrong in breaking such laws—practised deceit—and comforted themselves that they were not morally wrong. The courts, however, were thereby subject to their contempt. Mr Goulding also referred to the increased number of appeals to the Crown following court actions in recent years. When an offender was dealt with in court he was dealt with openly and an appeal should be made openly, he said. Otherwise there were repercussions in respect for the court. DRIVING LICENCES In connection with driving licences cancelled by the court, for example, he thought that where an individual thought he should make an application for restoration for any reason, that application should be made to the court and arrangements made accordingly. There could he a provision that the application be not heard by the magistrate who cancelled the licence. Mr Goulding also criticised current methods of recording statements and said matters cf justice should be above matters of expense. He also thought witnesses should be allowed to give their evidence seated, as was the practice, he noted, in Australia.