RIGHTS OF PROCEDURE.

New Zealand Herald, Volume LXIII, Issue 19403, 11 August 1926, Page 14

RIGHTS OF PROCEDURE.

HOSPITAL STAFF * DISPUTE. ARCHITECT AND SECRETARY. LIBEL CASE THAT WAS SETTLED. Which side is to have the tactical advantage arising from hearing the case of the other side first is becoming a vexed question at tho Auckland Hospital Commission. The issue was raised when the commission was formally opened in July and was left to tho parties to settle before the inquiry was resumed on Monday afternoon. It was still unsettled, however, and something in tho nature of an armistice was provided yesterday by the action of Mr. W. Wallace, chairman of the board, in going into the witness-box first and giving an outline of the board's building operations sinco 1917. But Mr. Wallace could not go on for ever and when his evidence was completed in the afternoon the question was i once again raised. Mr. Nortlicroft, representing the board's architect, Mr. G. W. Allsop, who has made charges against the secretary, Mr. 11. A. Somerville, said he was quite prepared to open his case. However, he would like the procedure defined as it was | possible tho cross-examination would bo directed on the charges which Mr. Somerville had made. Ho suggested that Mr. Allsop should give evidence on the charges he had made and that the cross-examin-ation should bo confined to those charges. Afterwards Mr. Meredith, counsel for Mr. Somerville, could establish his client's case against Mr. Ajlsop, who could then bo called for cross-examination. If any other procedure were adopted, Mr. Allsop would bo put in tho unfair position of being cross-examined on a case he had not yet heard. "Mountain Out of a Molehill." "I cannot quite understand my friend's extreme nervousness with regard to his client facing cross-examination.'' said Mr. Meredith. "Right through, Mr. Allsop has been pursuing everybody to get an inquiry. For a start, he made a- mountain out of a molehill and started a libel action. That was settled but he has not been satisfied to let it rest at that. He wrota to the Minister of Health and gave interviews to the press stating his position with regard to the laundry. Practically as a result of his endeavours this inquiry has been set up, "I clo not think it rests within the proviiice of the architect to dictate a procedure which will give him a tactical advantage," Mr. Meredith continued. "He has worked for his inquiry and he has got it. Ho knows perfectly well all the charges which have been made against him and it should be impossible for him to be taken by surprise in any way whatever." Counsel suggested the procedure advocated by Mr. Noi'thcroft would be cumbersome. Mr. Allsop had pushed himself into the position of plaintiff and ha should go on. If ho were so blindly innocent as he said he was, it was difficult to understand his nervousness about gotting into the box to give evidence. Mr. Northcroft said all that was asked was that the architect should not be called on •to defend himself against charges concerning which he had not heard the evidence. Mr. Meredith: You have received full' notice. Eights of Air Accused. Mr. Northcroft; Quite as my friend knows, an accused i 3 not asked to go into the box until the case against him has been proved. The commissioner, Mr. A- Gray, X.C., said he wanted to adopt the most convenient course. As he understood it, an action brought by Mr. Allsop against Mr, Somerville had been settled out of Court, one of the terms of the settlement being that the board should hold an in-, quiry into the matters concerning which complaint had been made. Assuming that the inquiry now being held was tho board's inquiry who would start first ? Opposing views were taken and the commissioner then' said ho thought it would bo advisable to adopt the course suggested by Mr. Northcroft. Mr. Meredith, however, intimated that he was prepared to consider opeping the case for Mr. Somerville and carrying right through with- his allegations against the architect and his reply to tho charges made by Mr. Allsop. "I am not at all nervous " he said. The commission then adjourned until to-day.