McARTHUR CASE

New Zealand Herald, Volume LXXII, Issue 22256, 2 November 1935, Page 12

McARTHUR CASE

SYDNEY PROCEEDINGS

EXTRADITION ORDER MADE appeal to higher court DEFENDANT GRANTED BAIL By Telegraph—l'rcss Association—Copyright (Received November 1. 9.35 p.m.) SYDNEY. Nov. 1 In the Sydney Police Court to-day J. W. S. McArthur again appeared on remand charged with inducing people to advance money to the Investment Executive Trust Company, Limited, of New Zealand, by means of a false prospectus which', it was alleged, had been issued in New Zealand in 1933. The magistrate, Mr. Williams, refused defendant bail and granted an order for his extradition to New Zealand. Later, in Chambers, Mr. Justice Maxwell granted an application on behalf of McArthur for bail pending the hearing of an appeal against the extradition order. Bail was fixed at £SOO and one surety of £SOO. ." Filing of Affidavit A condition imposed by His Honor was that the affidavit in support of the appeal must be filed and served on or before November 8. Dr. Louat, counsel for defendant, speaking in support of his application for bail, submitted that the charge against McArthur was not known in law, and was, in fact, bad. Certain papers required in New Zealand had been refused. If these were produced it would be shown that the charge against McArthur was not justified, certainly not in good faith. Grounds lor Appeal His Honor said it was difficult for him to assume that a Government prosecution was not in good faith. Dr. Louat intimated that it was intended to appeal to the Full Court on five grounds. The substance of these was that the charge against McArthur was without foundation and not in good faith because it related to matters two and a half years ago, the relevant facts of which had been in the possession of the prosecuting authority for the past 12 months. McArthur's counsel gave an undertaking to proceed with the appeal with diligence. The position now is that McArthur will remain here on bail until the Crown has considered the affidavits to be filed by next Friday. After that the question of the listing of the hearing of his appeal will be determined. It jp expected that finality will be reached the wefk after next.