CHANGE REFUSED

New Zealand Herald, Volume 81, Issue 24827, 25 February 1944, Page 5

CHANGE REFUSED

VENUE OF CASE ONE CHARGE tO.C.) HAMILTON, Thursday A reserved judgment was given by Mr. S. L. Raterson, S.M., in Hamilton to-day in connection with the case in which Royle Richard Victor Challiner, aged 49, accountant, of Hamilton (Mr. Strang), was charged with being found m the possession ol subversive circulars with a view to facilitating the publication of a subversive statement. Mr. L'aterson reviewed the history of the case since accused's arrest at Taihape on January 9 and dealt with incidents which followed ins remand from Taihape to Wanganui and from Wanganui lo Hamilton. Dealing with the application of the police for accused's remand back to Taihape, the magistrate field that accused could most conveniently and fairly be tried at Hamilton, instead of at Taihape. He added that the inconvenience and expense iu which accused would be involved if the case were heard at Taihape must be considered. The magistrate dealt with the submissions presented last week by Dr. X. A. Foden, of the Crown Law Office, that on account of the additional information available the Court should reverse its previous judgment and grant a remand to Taihape. Mr. Ratcrson described the affidavits of the Wanganui police officers as beinjj not altogether satisfactory, as most of their evidence referred more to what they thought rather than to what was said and done. A further affidavit by Mr. Treadwell, solicitor, did not agree with those of the police. Mr. Treadwell was more concerned with securing bail for accused than with the place of trial. Accused was bailable as of right, said the magistrate, and the police had

acted in a high-handed manner in having him remanded in custody to v\ anganui and holding up his application for bail for two days while they communicated with the Commissioner ot Police. Accused had seven witnesses to call for the defence and his case would be greatly prejudiced it it were heard at Taibape. The magistrate quoted a Queensland ease in which an information was dismissed with costs when the inlorniant. said he did not intend to proceed, i he judges held that this amounted to a hearing and dismissal of the intormation. One of the judges said that an informant could withdraw an inlormation and someone else might lay another information and prosecute it. The Court must refuse the police application for leave to withdraw the charge, continued Mr. Pnterson, for it was sought for an improper purpose— - that of dropping proceedings here and later bringing them on at 'iaihape. The case must «o on. The original charge against Ohalliner was then read. .Mr. Strang pleaded not. .guilty on his behalf and elected that accused should he dealt with summarily. Detective-Sergeant W. R. Murray said bis instructions were to offer no evidence. Mr. Strang applied for n certificate of dismissal, which would have the effect of preventing the Crown from laying the same information again. The request was granted. Mr. Strang intimated that when four other charges preferred against dialliner were called at Taibape on March 2 he would seek a remand to Hamilton. Counsel advised Mr. Murray not to bring witnesses to Taibape. DECREE NISI GRANTED A decree nisi was granted by Mr. Justice Callan yesterday to Zena Muriel Heron (Mr. Haigh) against William Heron, on the ground of sepa ration.