VENUE OF CASE

New Zealand Herald, Volume 81, Issue 24821, 18 February 1944, Page 4

VENUE OF CASE

HAMILTON__OR TAIHAPE POLICE APPLICATION COMMENTS BY MAGISTRATE (0.C.) HAMILTON. Thursday The question whether the preliminary hearing of a charge of being in possession of a circular with a view to publishing a subversive statement, preferred against Royle Richard Victor Challiner, aged 49, accountant, of Hamilton, should be dealt with in Hamilton or Taihapo was again argued before Mr. S. L Paterson, S.M., in Hamilton to-day. The informant was represented by Dr. N. A. loden, of the Crown Law Office, Wellington, and Jlr. J. F. Strang appeared for the defendant. , Dr. Foden asked that defendant bo remanded to appear at Taihapo. He : said that four other informations re- j specting alleged offences at Waiouru, Ohakune and Taihapo had been sworn against defendant, who would_ be required to answer them at laihape on ! March 2. The charge before the Court i related to an incident which occurred at Taihape. Circumstances Restated Dr. Foden said he hoped a restatement of the circumstances leading to the remand from Wanganui to Hamilton would cause the magistrate to reverse the judgment he had given a fortnight ago refusing the remand to Taihape. He quoted from affidavits signed bv Wanganui police officers showing that the remand was made to Hamilton to suit defendant's convenience and to enable him to carry on his business. The police had followed their usual procedure in requiring defendant to appear at Taihape. The Magistrate: The police seem to he inconsistent. To-day they prosecuted a man at Hamilton for an offence which occurred neaT Rotorna. Mr. Strang said the four new informations were issued on January 31 and that the Attorney-General's consent to the proceedings was given on January 20. The Magistrate: It appears that the new informations have been laid since I refused the remand to Taihape. If that is so it is a very serious matter. Dr. Foden assured the Court that that was not so. Further Bequest Made Continuing, he asked if the magistrate did not grant the remand to Taihape that he allow the information to be withdrawn. A fresh information would then be laid requiring defendant to appear at Taihape on that count as well as on the four new charges. The Magistrate: In effect you say, "We do not like your judgment, which does not suit us. We will by-pass it." Dr. Foden submitted that the whole of the facts were not before the Court earlier. There was no suggestion that the police were running counter to the Court's views, but in this case the police still felt that the proceedings should be heard at Taihape. "Does that mean the police are not going to be bound by the judgment and that they will have their own way and proceed as they wish?" asked the magistrate. "A Judge was in Hamilton last week and a writ of prohibition against the enforcement of the judgment could have been sought." Dr. Foden said the judgment was entitled to the utmost respect. Prohibition proceedings were cumbersome and the Crown would hesitate to institute them. Protection of Public Involved The magistrate said that DetectiveSergeant W. R. Murray had presented an excellent case with the facts he had a fortnight ago. The request of the police that they should be allowed to drop proceedings and then start them again was of very grave importance to the public, whose protection was involved. The police should not be permitted to nullify or by-pass a Court's judgment, Mr. Paterson continued. It was recognised that the police were bound by red tape, but they could not be permitted to bind the Courts in red tape. If the police offered no evidence the defence could submit formal evidence and the case would be dismissed.* Mr. Strang said he opposed tke applications. He desired that the present information be kept alive and that the case should be proceeded with in Hamilton. Defendant was properly charged in the Hamilton Court, whether it suited his convenience or not. Defendant had seven Hamilton witnesses and the balance of convenience was probably in defendant's favour. Counsel said he could not seriously doubt that the whole object of the police throughout was to secure the trial of accused away from Hamilton. Dr. Foden: I deny that. The magistrate reserved his decision and remanded defendant to appear at Hamilton next Thursday. Judgment would then be given. Defendant was released, no bail being required. FARMERS' FEDERATION OBSTACLES TO FUSION rO.C.) HAMILTON*, Thursday A scheme for the fusion of all farmers into a primary producers' federation was discussed at ft meeting of the Auckland branch of the Sheepowners' Federation yesterday. _ The president, Mr. N. P. Adams, said the negotiations for fusion were making little progress owing to conflicting claims of those supporting the various interests. The representatives were not getting the support from their organisations thev were entitled to. One speaker commended the move made in the Morrinsville district to form a dairy producers' union, for it indicated dissatisfaction with the policy of the Farmers' Union. It was decided to send circulars to executive members of the Sheepowners* Federation and Farmers' Union pointing out the different views, and asking their co-operation in an effort to overcome the difficulties standing in the way of fusion. A suggestion that, meetings of sheepowners in each district should be held to discuss fusion and other matters affecting their interests was adopted. Executive members were appointed conveners, DAIRY FARMERS' NEEDS REQUEST TO MR. ALGiE A plea for a better understanding of the problems and needs of the dairy farmer was made by a speaker during a discussion at a meeting addressed by Mr. R. M. Algie, M.P., at St. Helier's Bay, last night. The speaker also stressed the necessity for maintaining primary production. The meeting, consisting of over 100 peoplo, decided to ask Mr. Algie to do all he could to induce the Government to treat the decline in primary production as a matter requiring urgent consideration and to take immediately such steps as would give justice to the dairy farmers of the Dominion. It was suggested that copies of the resolution bo sent to the Prime Minister, the Minister of Agriculture and the Leader of the Opposition.