JURYMAN GIVES EVIDENCE

Nelson Evening Mail, Volume LXIV, 30 March 1931, Page 8

JURYMAN GIVES EVIDENCE

STRANGE POSITION AT INQUEST

EYE=WITNESS OF ACCIDENT A point of ];nv possibly without precedent ill the history of the Dominion was raised this iveek at the inquest into the death of William Thomas Dennis Revell, a. prominent Tima-ru accountant, when the Coroner (Mr A. L. (lee, J.l’.) was asked to allow a memtier of the jury to give evidence, this man having been an eye-witness of the accident which was the cause of Revolts death (reports the “Press” correspondent).

The last of the police witnesses had just completed his testimony when Mr Campbell who appeared for the driver of the car which had run over Mr Revell, caused a sensation by asking (he Coroner to allow H. L. Butler, a juryman, to give evidence. “This man was an eye-witness of the accident,” said counsel, “and his evidence should be heard.” In support of the request, Mr Campbell quoted from llalsbury’s “Laws of England” as follows:

Formerly a jury from its own knowledge of the facts might have returned a verdict without any witnesses being called by them; but this is now not the practice, and if a juryman is personally acquainted with the facts of the. case, he should bo sworn-in as a witness, and give evidetiee on oath, before his fellows. It is indeed more proper that anyone summoned as a juryman, who has personal knowledge of the facts, should so inform the Coroner, and the Coroner should not swear him as a. juryman, but call him as a witness.

CORONER CONSULTS MAGISTRATE The Coroner: It is a pity that the police did not know that the juryman in question witnessed the accident, as he would not then have been asked to act on the jury. Mr Butler: I should like to make a statement. The Coroner: I will hear what you have to say later. Asked by the Coroner for his views regarding the request, Mr F. J. Rolleston, who was appearing for the relatives of Mr Revell, said that the procedure was most unusual, and as he had not had the opportunity of considering the law on the subject, he was consequently not in a position to say whether his learned friend was right or wrong. Mr Cainpbell: It is an English law. 1 may say that it was not my place to inform Mr Bolleston of my intention. Sergeant W. P. Gilligan, who had given evidence earlier in. the proceedings. informed the ''Coroner that the police had not been aware that Mr Butler w'as an eye-witness of the accident. The Coroner (to Mr Campbell): I /suggest that you withdraw your request. Mr Campbell: But my request is supported by law. Senior-Sergeant I. 11. Mathieson, who was conducting 'the inquest on behalf of the police, advised the Coroner to consult the Magistrate (Mr /C. Orr Walker) on the point raised by Mr

Campbell. “I understand that Mr OnWalker is in the bidding,” lie added. Mr Campbell: But the law is clear enough on the point. Mr Butler (jo the Coroner): Can’t' I have my say? The Coroner: Not just yet. I will adjourn the Court for a few minutes while 1 consult the Magistrate. CORONER’S ADVICE TO POLICE On returning to the Bench, the Coroner said that the point raised bv Mr Campbell was apparently the law of the. land, as it had not been repealed. He would have to allow the request. “It is a pity, however, that this thing has cropped up,” he added; “but there can be no objection to the procedure.” Mr Butler: May I speak now?

The Coroner assented, and Mr Butler said that he had seen the accident, and when telephoned later by the police he had thought that he was to have been a. witness.

Senior-Sergeant Mathieson: Well, then, why did you not communicate the fact, to the police that you had witnessed the accident ?

Mr Butler: I am only a layman where law is concerned, and that is why I took my seat on (lie jury when the inquest. was opened last Sunday. When the proceedings ended on Sunday I told the Sergeant, that I should have been a witness, not a juryman. I was shoved into (lie jury by the police, and I certainly informed them that a mistake bad been-made.

The Coroner: The whole thing is most unfortunate. In future it would lie advisable for the police to obtain jurymen away freyn (lie scene of the'accident. However, the law is complete on the subject, and T must accept Mr Butler’s evidence.”