IN OPEN COURT

New Zealand Herald, Volume 81, Issue 24879, 28 April 1944, Page 4

IN OPEN COURT

BBFUSAL OF PEIVACI divorce proceedings An application, supported by counsel on both sides, for the hearing of an undefended divorce petition in camera was refused by Mr. Justice Callan yesterday. His Honor supported his attitude by quoting a Privy Council decision given in 1930. Q . „„ rf For the petitioner, Herbert Stewart Harvey, Mr. M. Robinson ma.de an application that the case be heard in chambers, or that an order be made loibidding the publication of any part oi the evidence. , Mr A. K. Turner, for the respondent Rona Maud Harvey, said be would be grateful if His Honor would hear the case in chambers. His Honor: I will do nothing of the kind. Mr. Robinson has filed a kind ot affidavit which gives no ground at all to make the order he asks. Correspondence Before Court Mr. Robinson said the application was under Rule 55, and the reason for it was that certain matters which would appear from paragraph 2 of the petition would have to be mentioned in evidence. Following the separation of the parties in 1941, there had been considerable correspondence dealing with these xnattors, and Mr. Turner had insisted that these matters be brought before the Court If this correspondence were published, it might have serious consequences for the petitioner, who was well known in the city. Furthermore, the evidence might possibly have a detrimental effect upon the wife, who was also very well known and came ot a highly-respected family. Mr. Robinson realised there was .some difficulty about making the order lie asked. 1 Mr. Turner said it was not lbs client's wi.sli that the application for divorce should be opposed, but he had conceived it to be his duty to the Court to insist upon these letters being put in. Their publication would be seriously i detrimental to the interests of his client. Highly Unusual Power After perusing the correspondence under discussion, His Honor said he did not think it would be proper to order i a trial in camera. The Act gave the I power if the Court thought it proper in the interest of public morals, out neither the affidavit filed in support ot the motion, nor anything that had been | said bv counsel, was based on that ground at all. What had been suggested to him was that great distress and f damage to the name of one or both or | the parties might be done by publicity in this matter. That,, said His Honor, was not' a ground for the exercise by the Court ot this highly unusual power. It might be possible to find instances where the power to sit in private had been exercised really out of consideration for the feelings ot the parties rather than out of regard for public morals. It was not long .since the whole of this question hacf been discussed by the highest authority in the Empire, to which that Court was bound to pay attention, the Privy Council. Privy Council Decision In the case of Maepherson v. Macplierson, reported in tne 1936 appeal cases the Privy Council referred to a judgment of Lord Halsbury, m which he said: "Every Court of justice is open to every subject of the King." Their Lordships pointed out in this judgment, His Honor continued, that there was no class of civil actions to which Lord Halsbury's judgment was more appropriate than undefended divorce. These cases affected not only the status of the individuals concerned, but also, and not j remotely, the entire social structure ! and the preservation of home life | throughout the community. There was • no class of case in which the desire to j avoid publicity was more widespread. I "The application does not bring the ! case within the rule," His Honor said, ! "and the case will be heard in open i Court, leaving it to the good sense of j the press—which in my experience is ! verv sensible and very merciful—to i decide how much publicity is to be I given to it." ... j ~ In granting the desired decree nisi at j a later stage, His Honor commended counsel for' bringing the letters before him, but said they were not inconsistent with the agreement the petitioner had sworn to, and they were to be regarded | as irrelevant. AUCKLANDER'S DEATH MR. ALFRED E. JAGGS The death has occurred of Mr. Alfred Ernest Jaggs, well known in Auckland sporting and shipping circles. He was | born in Auckland in 1876, and lived 1 here all his life, with the exception of | a few years spent at Waitara.

Mr. Jaggs was the first president of the Akarana Golf Club on its formation in 1927. He was a keen supporter of boxing and wrestling, and in his youth was a well-known distance runner. For •15 years Mr. Jaggs was connected with waterfront affairs. He was first president of the Tallyelcrks' Union. He was employed by Nearing and Company, continuing with the Auckland Stevedoring Company when it took over the former concern in 1930. He was a prominent member of the Anglican Church and was a lay-reader. Mr. Jaggs is survived by his wife and two daughters. STUDY IN PRISON <CAMP The City Council last night resolved to send congratulations to a member of the city engineer's staff. Captain D. V. Kelsalf, who has been a prisoner of war in Germany for three years, on _ his achievement in passing in two subjects of the examination for associate membership of the Institution of Civil Engineers. The acting-city engineer, Mr. A. J. Dickson, reported that he had made the necessary arrangements last year with the examining body and the Red Cross. The latter had now notified Captain Kelsall's father of the result. The officer was in Oflag VII.B, and the subjects in which he had passed were structures and electricity and magnetism, PUBLIC SERVANT'S CRIME (0.C.) "WELLINGTON, Thursday Employed as senior accounts clerk in the Marine Department, James Kemp Smith, aged 44, appeared before Mr. A. m! Gouhhng, S.M.. and pleaded guiltv to three charges of theft totalling £247 from the imprest account of his department. He was committed for sentence. Accused, who had control of the imprest account, had approached the accountant of the Marine Department and informed him that he had stolen money from the account. He had made a statement exonerating two temporary cashiers of all blame. Detective-Ser-geant E. H. Compton, who conducted the case for the police, stated that Smith had used the money for gambling.