INMATE OF HOME.

New Zealand Herald, Volume LXVII, Issue 20628, 29 July 1930, Page 12

INMATE OF HOME.

PLEA FOR RELEASE MADE.

FARMER AT ROTO ROA.

NO HEARING ALLEGED.

SUPREME COURT APPLICATION

' Alleging that lie had been committed t,j the Inebriates' Homo on Roto Boa Inland without a hearing of his case, Cecil llazlett, farmer, of North Taiori, near Dnnedin, applied for a writ of habeas t.ovpns before Air. Justico Smith in the Supreme Court yesterday. Mr. Sullivan appeared lor tho applicant and Mr. Tlubbk' appeared on behalf of Staff-Cap* tain T. Buttimore, manager of the Salvation Army Inebriates' Home, and tho complainant. Edgar llazlett, on whose complaint tho order of committal was marie. Mr. Sullivan said Cecil llazlett was ai present an inmate of tho Inebriates Home at Koto Boa. A rule nisi had been issued! W His Honor in tho case. There uer« r: ".'rids set forth mi tiia motion, feu: main ground and the ono on va? relying was that Hallett v?> chained on Roto .doa Island without ir.siification bo<auso no hearing granted him before hit was placed c> tho island.

" A Substantia! Position." The applicant wn? committed under the Reformatory Institutions Act. 1909, under which certain courses were open lo the complainant, continued counsel. A complaint should be made- on oath, and then a summons should be issued, and if a summons was not issued then the man should have been arrested and then a hearing would follow His client was a farmer in a large way and ho was a company director. 110 was tHo owner of many horses. In other words, he. was a man in a substantial position. He livod in North Taieri, about 13 miles from Dunedin, where ho farmed his land and em* ployccl somo men. Ho was a bachelor. He was a sensible, steady man who drove his motor-car and had never been convicted in his life.

On December 16 last the applicant was in bed suffering from heart trouble which Lad been affecting him for tho past 12 months. While in bed ho was visited by his two brothers, their solicitor, Mr. Payne, of Dunedin; two doctors, and a magistrate, Mr, J. It. Bartholomew. His brother Edgar asked him if ho would consent to go to Roto Roa Island, and' he replied, "Certainly not." That was the first suggestion of tho kind that had been made to him. It had not even been suggested to him that he should take out a prohibition order. Calls from Policemen. A "doctor examined applicant, and then they all retired, nothing further boing aaid in tho room. Next day a policeman called on him and remained for tho rest of the day. Another policeman came, .md thaHwo remained all night. On the following day, December 18. ho was put into a motor-car and taken direct to Lvttelton and thenco to Roto Ro.\.

Couqsel said ho relied on tho fact that his client had had uo hearing. Counsel understood that the affidavits in reply had not yet reached Auckland and that it would be impossible to decide tho case that day. He had the necessary evidence, and it only roniaincd for the other side to rebut it. Mr. Hobble submitted that tho Court on a habeas corpus application of that nature would only inquire into tho facts to the extent necessary to establish the jurisdiction of the magistrate who heard the complaint, and, of course, to examine ilhe complaint under which tho applicant was detained. The only matters of fact which would conic beforo the Court wero the facts necessary to establish jurisdiction. The order of committal' recited on Ilia face of it that two medical practitioners, Dr. Spedding and Dr. Evans, had duly certified that tho present applicant was an habitual inebriate. Leave on Parole,

Apparently it was .admitted that somo form of hearing did take place, continued counsel. Tho remarkablo part of the present procHedings was that they had been brought only this month, although tho applicant was taken to Roto Roa in December last. Counsel had statements that certainly repudiated the suggestions made by Mr. Sullivan. The applicant had twice obtained leave An parole from tho island frum February 7 to February 12, when ho returned of his own record, and again from March 10 to March 24, when he returned of his own record. Tho suggestion that the man had been hurried away to Roto Roa and l:ept in seclusion, therefore, was somewhat far-fetched.

On the point of whether the applicant had had a proper hearing, Mr. Hubble said iio had filed ,-1 hearsay affidvit indicating that he had received telegrams from- Dunedin stating that the procedure under section 9 of the Reformatory Institutions Act, had been adopted. Other affidavits in support were at present on the way from Dunedin. Released on Bail. 1 lis Honor said he understood counsel were not ready *o -;o on and have the matter finally determined. It the main •question was that of tho hearing, then he ought to have the evidence of the magistrates who was in charge. Mr. Sullivan said as long as Mr. Hubble satisfied the Court that there was a summons, arrest and hearing, then ho was entitled to have tho rulo discharged. Where was a further point that an amending Act slated that before a mini was committed to u State institution ho must havo had at least four previous convictions. This man had no previous convictions. It might be an interesting [>oint whether this provision applied to such an institution as Roto Roa.

His Honor adjourned the hearing until 'August 5, and granted Hasslett bail on his own recognisaneo of £IOO, placing him c>n his honour not to indulgo in liquor.