REQUEST FOR REHEARING.

New Zealand Herald, Volume LXI, Issue 18891, 13 December 1924, Page 13

REQUEST FOR REHEARING.

A POLICE COURT CONVICTION.

QUESTION OF RESPONSIBILITY.

An application for a rehearing in the case of a man who was recently convicted and admitted to probation for two years, for obscene exposure, was made by his counsel, Mr. H. H. Ostler, yesterday, before Mr. J. W. Poynton, S.M., and Messrs. A. J. Sutherland and L. J. Pegler, J.P.'s. At tho hearing of the charge tho defence was that accused was a sufferer from petit mal, and committed the act while in a sub-conscious condition.

Mr, Ostler said that ho had a sincere respect for Mr. Poynfcon's decisions. He, nevertheless, submitted that there was a possibility of an error of judgment. Accused persons should always be given the benefit of the doubt, and counsel argued that in this case there was strong evidence that the ailment " petit mal " had rendered accused unconscious of the .significance of his act. The young man had suffered from the peculiar disease all his life, and Dr. Kenneth Mackenzie, Dr. Murrav, ami Dr. McGregor Grant, had certified that his actions could he attributed to the disease. Ml'. Poynton: The evidence o't a doctor doe.-. Hot carry the same weight as that of eye-witnesses to the offence. The evidence disclosed that he ran away after committing the act. Counsel said that Dr. Beattie, superintendent of the Auckland Mental Hospital, was convinced that accused was a sufferer from petit mal. There was a reasonable doubt that he had acted under the influence of this disease and this or titled him to a rehearing. , Chief-Detective Cuinmings, who opposed the application, said that if counsel wished to submit new evidence it mustbe shown that the, evidence was not in possession of tho pant.y applying, and could not by proper' diligence have been procured by him at the time of the first hearing. Mr. Poynton agreed that the case was important and reserved decision. He or dercd accused's name to ho suppressed.