PROSECUTION BY A COUNCIL.

New Zealand Herald, Volume XLV, Issue 13683, 26 February 1908, Page 8

PROSECUTION BY A COUNCIL.

... AN IMPORTANT POINT. A case : of, importance to local bodies generally occupied Mr. Justice Edwards at the Supreme Court for the major portion of yesterday, when the points raised by Mr. Parr in the trial of the case Richard James Vernon Whitaker (Mr. Reed; v. the: Borough Council of Hamilton (Mr. Parr, instructed by Mr. Swarbrick, of Hamilton) wore heard. This was an action for malicious prosecution, which was heard last week before a jury of 12. At the-conclusion of plaintiff's case Mr. Parr moved for a nonsuit, and His Honor had reserved the point. The case-then proceeded, and in the end the jury found for the plaintiff in £100 damages, but also found, in answer ■to questions put. by His Honor, that the defendant Council had not taken reasonable care in instituting the prosecution, and also that the town clerk of Hamilton, who laid the information, honestly believed in the truth of the' charge.' The matter came before His Honor, in banco yesterday for judgment. Mr. Parr contended that His Honor should not have left the case to the jury, inasmuch as the plaintiff had failed to prove the absence of reasonable and probable cause for the prosecution. He further contended that the town clerk had no authority to lay a charge without the knowledge of the Council. Mr. Reed argued that there was evidence to go to the jury. He also contended that it was not necessary to prove malice in the case of an action against a corporate body. His Honor expressed considerable doubt as to whether the case should go to the jury. He also doubted whether there was any evidence to justify the jury's finding of want of reasonable case. Judgment was reserved.