APPEAL COURT

New Zealand Times, Volume XLIII, Issue 10087, 28 September 1918, Page 4

APPEAL COURT

CASE OF A.PUNJABI. A PECULIAR POINT DECIDED. A case having peculiar features carae before the Appeal Court yesterday when the Bench was occupied by Die Chief Justice (Sir Robert: tSout), Mr Justice Cooper. Mr Justice-Chapman and .Mr Justice Sim. The. circumstances related to the court were that on April 17th of this year a Punjabi named Nunda was charged with having wrongfully opened two letters which were not his own property. - The accused was tried "before two Justices of the Peace, at To Awamutu, and at the close of the hearinghe pleaded guilty and was committed .to the Supreme Court for sentence. When the accused was brought before Mr Justice Stringer- at Auckland for sentence counsel, on his behalf, stated that the accused did not understand the nature of the charge nor had he intended to admit that he had committed any offence. The only evidence given at the hearing was that of witnesses called for the Crown and the depositions appeared to clearly establish the guilt of the accused. At the original hearing the accused was not represented by counsel,; ncr did lie . cross-ex-amine the witnesses or make any statement on his behalf. Attached to the depositions which came before Mr Ttistice Stringer was a certificate signed by the justices stating that the evidence of the witnesses, except two, was given in the Pun.iabi language duly interpreted, but it was contended that the certificate did not state that the evidence of the English-speaking witnesses was interpreted. Counsel contended that Nunda should be released and have a now U'ial on acount of the irregularity that had taken place.

The prisoner wns represented by R. A. Singer- (Auckland), and the Soli-citor-General. (Sir John Saliwond) ftppen red for the Crown. The court decided that it had i>o power as .a Court of Appeal to hear any motion for thp retrial of a case of this sort. It. should he a recommendation to the. jim there should be a d'sti-'et proceeding to est aside a qpnrmitment.