GUILTY OF PERJURY.

New Zealand Herald, Volume LXVI, Issue 20255, 15 May 1929, Page 16

GUILTY OF PERJURY.

.WARDER SENT. TO PRISON. REMARKS BY CHIEF JUSTICE.' SERIOUSNESS OF OFFENCE. "Your offence, and offences of tho kind which you have committed, strike at the vpry root of the administration of justice," remarked tho Chief Justice, tho Hon. M. Myers, in the Supremo Court in Wellington on Monday when sentencing William Worslcy for committing perjury in tho Porirua Mental Hospital case. Mr, W. E. Leicester, who appeared for tho prisoner, pointed out that the prisoner had not aggravated on his own trial tho offence that he committed. Tho prisoner was a warder at (ho Porirua Mental Hospital, and there was nt that institution, as there were at others, an esprit do corps which was also to be found in other walks of lifo. Such loyalty was misplaced and wrong, but it was owing to tho very fact of it that tho prisoner found himself in tho dock. Counsel referred to tho difficulties with which tho warders wero confronted in carrying out their duties, and said that it might well bo that tho prisoner's viewpoint became distorted. Referring to Worsley's actions subsequent to the interview with tho police, and tho line of action the prisoner had dptermincd upon, counsel said that Worsley had "then crossed the Rubicon" and could not turn back. Whoever called him, tho Crown or tho defence, ho was bound to have come out a discredited witness. Mr. Leicester added that a severo civil disability would remain with Worsley to the cud of his days. Whatever he said in any Court as evidence would always be discredited from the fact that ho had beeu convicted of perjury. He was a young man, 26 years of age, and a first offender. His act was rather that of a fool than a knave; misplaced loyalty more than anything else. Tho Chief Justice said that, notwithstanding counsel's eloquent plea, it must bo obvious that, in view of tho seriousness of tho offence, tho prisoner would havo to bo punished, and punished substantially. His Honor said ho told the jury that if the prisoner were found guilty, in his (His Honor's) opinion, the offence was as bad as that of .Tyrer's (the other warder). Ho had found no reason to alter the view he expressed then. It was the prisoner's and Tyrer's duty to protect the patients in the hospital, said His Honor. Tyrer committed a brutal assault; the prisoner knew it, and concocted an explanation, an untrue explanation, for the purpose of avoiding tho punishment to Tyrer to which he was justly entitled. If the prisoner's offence wero not marked with the punishment it deserved, it would be very unfortunate indeed, for it was likely that people would lose their confidence in the administration of mental hospitals, and even in the administration of justice. Tyrer was sentenced to twelve months' imprisonment, to be followed by twelve months' reformative detention. In Worsley's case His Honor said he did not intend 'to impose the term of reformative detention following the imprisonment. Ho sentenced Worsley to twelve months' hard labour.