EXCLUSION OF PRESS

Nelson Evening Mail, Volume LXXII, 18 April 1939, Page 6

EXCLUSION OF PRESS

IN PRELIMINARY INQUIRY . MAGISTRATE REFUSES TO MAKE ! r ORDER AUCKLAND, This Day. j • ‘Exclusion of the press and the nonj publication of details might be in cer- i 1 tain cases more disastrous to an accus- I ed person than the publication of a full ; s and correct report, declared Mr Orr j • Walker when at the opening of the Piha | j hearing, he declined to make an order j . involving the exclusion of the press ; j from the present proceedings. The application was made by Mr Terry, appearing for the accused Mcj. Kay. r Among the points emphasised was the contention that as far as possible, there should be a limit to the knowledge which potential jurists possessed before ' they proceeded at the actual trial to exercise their most important function. Mr Sanderson, who appeared for Talbot, supported Mr Terry’s application. 1 He said that only one side of the case ! was heard. Evidence might be given 1 which would ultimately be excluded as inadmissible. Detective-Sergeant Nalder. prosecuting for the Police, said that if there were any aflse rumours current, true publication of the ' proceedings would do more good than otherwise. Similar applications in the I past had been declined. Mr Terry said he was rather amazed to see the police adopt this attitude. Did they want to gain some advantage? Detective-Sergeant Nalder: “It would ■ help to clear up any false rumours.” The Magistrate, replying, said the application was an unusual one. There was no reference in the section of the ( Act quoted to the non-publication of evidence by the Press and he had had nothing put before him which provided sufficient grounds to make such an order as had been requested. He had i no reason to think that a full account I would not be published by the press or i 1 that they would publish scrappy por- ' tions of the evidence, which might mislead the public.