OFFICIAL'S ACTION

New Zealand Herald, Volume 81, Issue 25048, 11 November 1944, Page 9

OFFICIAL'S ACTION

DISCOURTESY ALLEGED COMMENT BY MAGISTRATE (P.A.) WELLINGTON, Friday 1 must assume that the Under-Sec-retary was being deliberately discourteous; if so, his conduct calls for a reprimand," stated Mr J. L. Stout, S.M., in the Magistrate's Court today regarding the procedure adopted in a recent case when, after a prisoner's sentence in a theft case had been increased to allow him the right of appeal to the Supreme Court and the appeal was lost, an application had been mado to the Under-Secretary of Justice for the remission of the extra sentence. The magistrate said, in his opinion to make an application for the remission of the extra sentence when an appeal bad been unsuccessful was a breach of the condition of understanding upon which the sentence was increased. If the practice was to continue, magistrates would be disinclined to listen to applications for increases in sentences to enable appeals to be made. Mr Stout added that, instead of making the request to him on the application for remission, the Under-Sec-retary wrote to the clerk of the Court instructing him to delay the issue of the warrant for ten days, pending a decision on the Minister's recommendation to the Governor-General. The magistrate said that such an application and recommendation did not act as a stay of proceedings, which would be purely in the magistrate's discretion. Ho passed over the fact that the UnderSecretary had also departed from the usual procedure to ask for a magisterial report on the application, but it had been usual where a remission was granted to notify the convicting magistrate. He should know it was the magistrate who signed the warrant of committal and directed its issuo. The magistrate said lie must assume that besides acting outside bis province and usurping the magistrate's functions in giving the clerk instructions in matters that wore for the magistrate's discretion, the Under-Secretary was being deliberately discourteous. If so, bis conduct called for a reprimand. His actions could hardly be due to a mistake or ignorance. HISTORY OF THE CASE MINISTER'S STATEMENT ACTION DEFENDED (P.A.) WELLINGTON, Friday fie plying to comments made by Mr J. L. Stout, S.M., regarding the action of the Under-Secretary of Justice, the Minister of Justice, Mr Mason, said, the case concerned a person who was charged with the theft of two books valued at one shilling. He appeared before Mr Stout and was sentenced to a week's imprisonment. His counsel, in protesting against the sentence, asked that it be increased to one month and one day in order that an appeal might be made to the Supreme Court. Mr Stout increased the sentence accordingly, issued his warrant of committal and functus officio in the matter. The appeal was unsuccessful and prisoner's counsel then, in a letter to the Minister setting out the circumstances, applied for a remission, and the Minister, having regard to the fact that the magistrate nad initially considered the intrinsic gravity of the offence would bo met by one week's imprisonment, recommended the GovernorGeneral to grant a respite in respect of the three weeksand one day. In accordance with customary practice, pending the decision of the Gover-nor-General being made known, a request was made to the clerk of the Court for the warrant of committal to be held up. , "It is customary, as Mr Stout states," said Mr Mason, "when a Minister is considering an application for the remission of a penalty imposed by the Court to seek the views or the convicting Judge or magistrate. In this case the matter had passed out of Mr Stout's hands when it- went to the Supreme Court. He was, as already stated, completely functus officio, but his views on the question of the sentence were known, and his judgment in this regard was given effect to. For this reason it is strange that he should see fit to make such an unwarranted public attack on the Under-Secretary in the manner he has, more especially as the matter was not in any way in issue before him in the Court at the time he made the statement. "I might add that the anomalous position whereby an accused person is obliged to request a heavier sentence to be imposed on himself in order to secure the right of review is one that has been exercising the minds of the legal profession and the authorities and at the present moment is _ under consideration by the Law Revision Committee." .

BOOK WEEK DISPLAYS ATTRACTIONS FOR CHILDREN A variety of attractions to stimulate interest in libraries during children's book -week, which will commence on Monday, has been organised by branches of the Auckland Public Library. Several ingenious methods to appeal to the imagination of children have been adopted, while the literary tastes of children from the very young up to the age of about 16 will be catered for id displays and special features. An attraction which will probably appeal most strongly to children will bo the holding of a story hour each day at the Point Chevalier branch where stories about small animals will be illustrated by the presence of live specimens loaned by the Auckland Zoo. This branch will also hold a "quiz" contest, and will present a play on Thursday night in conjunction with a play arranged bv -the Avondale branch. Tho Tamaki branch at St. Heliers Bay has arranged a visit by Boy Scouts, while Girl Guides will take part in a trail of knowledge resembling a treasure hunt. Each day of the week 35 pupils from the Epsom School will visit the Epsom branch library and a visit by boarding pupils of the Diocesan High School has been arranged. A competition in which children will bo asked to write something about their favourite book and put "their entries down tho chimney of a cardboard doll's house which will be 011 displav will be conducted by the Grey Lynn branch. Similar displays and features will bo arranged bv most of tho branches, many of which have enlisted tho co-operation of the local parents and teachers' associations and other bodies. The central library will present special displays of books and booksellers will assist with window displays. A comprehensive broadcasting programme has been arranged for the week and the Prime Minister, Mr Eraser, who is patron of the New Zealand Library Association, will speak at 7 o'clock on Monday night. There will be other speakers during tho week.

DIVORCE GRANTED On the ground o£ constructive desertion, Mr Justice # Callan yesterday granted a decree nisi to Ruth Isabel Hnssett (Mr Hore) agaiust Robert Pierre O'Connell Hassett.