COURT OF APPEAL

New Zealand Herald, Volume LXXV, Issue 23106, 3 August 1938, Page 14

COURT OF APPEAL

AUCKLAND SITTING UNIQUE LEGAL EVENT EXTRADITION LAW CASE HEARING TO BE HELD TO-DAY An event unique in the legal history of Auckland will take place to-day when the Court of Appeal will sit here to determine an important question arising out of tho extradition laws affecting Australia and New Zealand. Never before has the Court of Appeal sat in Auckland, and so far as can ho ascertained only once before has it assembled outside Wellington, and that was in Christchurch about 40 years ago. Tho Court will consist of tlio Chief Justice, Sir Michael Myers, Mr. Justico Fair, Mr. Justice Callan, Mr. Justice Kennedy and Mr. Justice Northcroft. Tho matter to come before it is an appeal by Detective-Sergeant C. E. Godwin, of the New South Wales police forco, against a decision of Mr. C. It. Orr Walker, S.M., in refusing to endorse an extradition warrant issued in Sydney directing tho apprehension and return to New South Wales of a man who was arrested on tho Mariposa and who is required to answer a criminal charge. As it was not thought desirable that the matter should bo left in doubt until tlio next ordinary sitting of the Court of Appeal on September 12 authority was given for this special sitting. For soino time an opportunity has been awaited to clarify by decision of the Court of Appeal tlio extradition laws between Australian States and New Zealand, and tho occasion has now arisen. The Attorney-General, the Hon. H. G. R. Mason, and Mr. Evans Scott, of Wellington, will appear on one side and Mr. Trevor Henry will offer argument on tho other. A gathering of members of the legal profession in their robes will . wclcomo tho Court when it opens, and their spokesman will be Mr. 11. M. Rogerson, president of tho Law Society.