JUSTICE AND BOWLS.

New Zealand Herald, Volume LXIX, Issue 21100, 6 February 1932, Page 8

JUSTICE AND BOWLS.

THE ABSENCE OF A WITNESS. COMMENT BY JUDGE. TRIAL FAR MORE IMPORTANT. " The game of bowls must nob be allowed to interfere with this administration of justice," said Mr. Justice Herdman in the Supreme Court yesterday, when counsel for the defence in a trial arising out of a motor-car accident said that one of his witnesses had left for Rotorua to play in a bowling tournament and would not be available immediately for a retrial, made necessary by the jury's failure to agree. When the jury returned last evening to announce the disagreement—the fourth during the present criminal session of the Court—His Honor asked whether was any possibility of a decision being given. " I am afraid not," replied the foreman. His Honor: That is a great pity. When the Crown Prosecutor applied for a new trial, His Honor asked counsel for the defence whether an arrangement for a retrial could be made next week. Counsel said that one of his witnesseshad left for Rotorua to play bowls in a tournament. His Honor: He should not have done that. , Counsel said the jury's attitude had not been anticipated. " Justice must not be delayed for a game of bowls," said His Honor. " A man's trial for negligent driving causing death is far more important than any game of bowls." "1 am afraid it will upset the tournament," said counsel. His Honor: i do not wish to have the next sessions congested with new trials. This case should be completed. With the agreement of counsel, His Honor did not fix a definite date for the retrial, leaving the arrangements until next week.