GIRL IN PRISON

New Zealand Herald, Volume LXX, Issue 21640, 4 November 1933, Page 12

GIRL IN PRISON

JUDGE ORDERS RELEASE

WRONGFULLY SENTENCED CHILDREN'S COURT BLAMED CRITICISM OF PROCEDURE Condemnation of the action of the Children's Court in illegally committing an 15-year-old girl to the Borstal Institution was voiced by Mr. Justice Smith in the Supreme Court yesterday, when an application was made for p. writ of habeas corpus 'for the reles.se from custody of Annie Lillian Mathe-f-on, on the ground that she was wrongfully detained in Mount Eden prison. His Honor, in ordering the immediate discharge of the girl from prison, saia the proceedings oi the Children's Court in the case disclosed an extraordinary Mr. Hal] Skeltcn, who appeared for known Scottish singing and dancing girl, the daughter of Pipe-Ma;c;r Ma*.helanders, who hsu a distinguished war record in the British Army. Three years ago her mother, who was a strict Pres•with her daughter over the girl's habit of attending public dances, and , i „ epojee to 31 a,ior Annie Gordon, ox tae behaviour. Major Gordon thereupon had the girl brought before a- magistrate en a charge of being idle and disorderly and having no risible means of support, and she was lodged in a pohr.it lock-up. The charge was heard in the Auckland Police Court' on April IT, 1531, and the magistrate remanded her to appear in the Children's Court in a fortnight. Proceeding Criticised "The girl says she did not speak ■while the proceedings were in progress as she was bewildered, staggered and frightened to death," said counsel. "She was only 16, and her parents were virtually newcomers in a strange country. On May 2 the girl went with 3lajor Gordon to the Children's Court, but there 7.as no sitting and she was told to come back on May 9. The whole procedure was quite improper because, under the Justices cf the Peace Act, & remand for a longer period than eight days cannot- be ordered without the "subject's consent, and the girl, in her affidavit, says she gave no consent and that if iMajor Gordon consented on her behalf she had no authority from applicant to do so. Thai was the first irregularity." The following passage from the girl's affidavit was read by counsel: — "I asked 31ajor Gordon if I could have a solicitor to appear for me, but she did not let me have one. 1 was sent to the Salvation Army Home after my remand and was not allowed to write to my mother nor to reeeiye any communication whatever. As a result of my treatment there I left the home without Major Gordon's permission and did not appear in the Children's Court when my case was called on May 9.''

Three Years is Borstal Counsel said the nest irregularity vsas 'that 2n information instead of a complaint was made concerning the girl in the Children's Court, and, further, no summons was issued. In her absence she was convicted and discharged on the charge of cot having sufficient means of support, although actually she was in receipt of £1 a week from an aunt in Scotland and her parents were well off. She was, however, on the same day, treated as a delinquent and was sentenced to three years' confinement in the Borstal Institution in Wellington. She was arrested, and served 18 months in the institution, when she was released on probation on account of srood conduct. His Honor: Does this mean that, once a report has been made by a child welfare officer, any child fan forthwith be placed by the Children's Court under the care of the superintendent of the Child Welfare branch without evidence or either the appearance or notification of the parents? Mr. Hubble, for the gaoler at Mount / Eden prison: I have very grave doubts as to the technical correctness of the proceedings. Pov/ers of Magistrate Mr. Hall Skelton submitted that the Children's Court had no power under the Child Welfare Act ~ send a child to the Borstal Institution. His Honor: It seems plain to me that the magistrate had no power at all to make an order like that. Mr. Hall Skelton said that some time after the girl's release on probation Bhe went to the wharf one night to meet some Scottish boys who were arriving by the Monowai. She was practically engaged to one of them and had the permission of her parents and of the Rev. Angus McDonald to, meet hirn. "There she wps seen at midnight by someone, who sent in a report on her conduct," said counsel, and as a result of this innocent escapade she had her probation licence cancelled, she was arrested by two policemen, and was thrown into prison aminj: a number of criminal women without seeing her parents." Mr. Hubble said that in his view there was excess of jurisdiction in the original order, and all the subsequent acts were consequent upon the original irregularity. His Honor said the proceedings disclosed an extraordinary state of affairs. "The Children's Court," he said, "would appear to exercise the powers of a star chamber. It is perfectly plain that the legislation deliberately intends to give the Court these extraordinary powers. The Court has the power, upon the report of a child welfare officer, to make an order committing a child to the care of the superintendent of the child welfare branch of the Education Department or place it under the supervision of a child weffare officer, and it may do that without the issue of a complaint or summons or without the appearance of anybody. But it is also perfectly clear that when these matters come before this Court the Court will strictly construe the powers of the Children's Court and will see to it that that Court is not allowed to act beyond its jurisdiction. Proceedings Null and Void

"There are various, irregularities in this'case," continued His Honor. "In the first place tho girl was charged with being idle and disorderly, and was then remanded for more than eight days without her consent. Then, apparently without'evidence, she was convicted and discharged, although it is said the parents had means and had a home for her. On the same day it seems that the police, acting under sub-section 1 of Section 13 of the Child Welfare Act, isstied an information that was intended to. bo a complaint that the girl was deemed to be a delinquent, and on that day, without service or the appearance of the child, the Court made an order Committing her to the Borstal institution for three years. "The Children's Court had no power to commit the girl to the Borstal Institution," concluded His Honor. "It could only commit her to the charge of tjje superintendent of the child welfare branch or the welfare officers. It follows that tho order was made entirely without jurisdiction and all tho subsequent proceedings are null and void and of no effect. The applicant is entitled to a writ of habeas corpus, and the girl will be discharged from custody forthwith." Mr. Hall Skelton: Has Your Honor power to quash the conviction ? His Honor: I do not think bo on theso proceedings.