SMITH'S APPEAL

NZ Truth, Issue 791, 1 January 1921, Page 2

SMITH'S APPEAL

Slow Moving Wheels of Justice

"Low Kun's" Appeal and a Belated Decision. The inability of the Court of Appeal to arrive at a decision m the -application for a new trial m the' case of Franklin John Smith, once more draws attention to the need for speeding up matters -which come before the Court of Appeal.

"Truth" readers will remember that on June 28, last, just six months' ago, Franklin John Smith was charged with rape upon a girl at a "house where Smith was lodging m Vincent- street, Auckland. The hearing occupied two days, and the jury after the long deliberation of five hours,' returned a verdict of guilty. Two days later Mr. Justice Cooper sentenced Smith to seven years' imprisonment.

On July 15, / Mr. A., Moody, counsel for the accused, again brought the case up, when he made application before Mr. Justice Cooper for leave to apply to the Court of Appeal for a new trial. His Honor, who, by the way, had presided at the trial, reserved his decision, and on July 17, granted leave to apply for a new trial. Three months later, September 22, the matter came before the Court of Appeal m Wellington, before Chief Justice, Sir Robert Stout, and Justices Chapman, Herdman and Edwards. Ai'gument occupied the whole of the morning.

Mr. W. C. McGregor, appeared for the Crown, to oppose the application, and Mr. Moody m support. The case was reported m- "Truth" at the time, and the court reserved its decision.

Another three months have elapsed, and this week the announcement is made that the court is unable to reach a decision, and has ordered" the case to be re-heard next April.

While holding no brief for Pitt Pott Smith, it must be admitted that the I long delay is not excusable. The fact di! K thV four judges being unable toagree 'can be tajken to mean that at least one or .'more of them holds that j Smith should be allowed a new trial m April next, when the second division of the Court of ' Appeal will- sit; »'-a,n'd until then Smith has to "remain ■ in '! prison. ' ■■_■■; •-■ •• ; i

Of course, it can be said that -Mr. Justice Cooper could .have • refused leave to-apply for a new trial, m- which case ■ Smith would have to chop out the' whole' term, but seeing that, leave has been granted, the Co'ilrt of Appeal should" dispose of ' .the matter expeditiously. The second division will consider the matter' again m April' and allowing for the decision to' be reserved, .. Smith will have' served twelve months m gaol. The application for the new trial is on the grounds that the previous verdict *Cvas against the weight of evidence. '*