JUSTICES' ACTION

New Zealand Herald, Volume LXXVI, Issue 23274, 17 February 1939, Page 12

JUSTICES' ACTION

REFUSAL TO HEAR CASE CHARGE AGAINST MOTORIST COUNSEL ENTERS PROTEST [from ouxt OWN correspondent] ROTORUA, Thursday A statement that justices oi the peace in Rotorua appeared to be sidestepping their duties in declining to hear cases against motorists charged with intoxication was made by a solicitor, Mr. E. Roe, in the Rotorua Magistrate's Court to-day.

Mr. Roe was defending counsel for a man charged with being intoxicated in charge of a car,* and tho justices, Messrs. J. J. Dillon and S. J. Hale, intimated that they considered the case should ho adjourned until it could be heard by a magistrate at the next sitting of the Court at Rotorua on Tuesday.

Protesting against this policy, Mr. Roe said it was most unfair to hold a defendant in suspense, particularly when the police were prepared to proceed with the prosecution. Ho submitted that the justices were appointed, firstly, to relieve the burden on magistrates, and, secondly, to ensure speedy justice being done when no magistrate was available. Mr. Roe added that the members of the Bar in tho district had viowed with concern for some time tho attitude adopted by justices in refusing to hear such cases. If justices continued to adhere to their stand, it was proposed to make representations to the Minister of Justice, the Hon. H. G. R. Mason, asking that tbe jurisdiction of justices should; bo taken away altogether in such cases, or, alternatively, that they bo instructed that they were not entitled to pick and what cases thev were nrepared to deal with. When tho justices, after conferring, declined to alter their decision, Mr. Roe intimated that, in conjunction with other members of tho Bar, ho would draft a letter to tho Minister on tho subject.