Justice In The Open

NZ Truth, Issue 1228, 13 June 1929, Page 6

Justice In The Open

Tx . .... .■..,.•-•.. „..,'. . . ... .: . . . ■-•■■■/. ■IN- gjvmg an assurance m response to a deputation representing the Women's Service Guild that courts should not be closed to the public during the hearing of 'domestic relations cases, Mr. T. M. Wilford, ; the Minister of Justice, has. taken up the piily attitude possible consistent with, the requirements of Justice. ■ To hold any courts, except those m which children are concerned, behind closed doors, wpuld be subversive of. the principles upon which the great reputation British Justice enjoys throughout the world is based. " And experience of children 's courts indicates that a policy of secrecy even m those cases is hot always advisable. Occasionally it happens that participants m domestic relations cases do not receive anything but unenviable publicity, but that is a fact of circumstance which is inseparable from the consideration of both sides on any question.. Persons who. suffer m this manner are" victims of plain hard" luck, and. there is no remedy. The advantages of open courts from -the standpoint of justice, greatly outweigh any disabilities that may be suffered by individuals. , ;'•' - While some persons : who ; figure m such cases undergo the ordeal of unpleasant publicity, others have : the system of open courts, to thank for drawing attention to injustice or hardship. Instances can be cited, as the deputation to. the Minister pointed out, of incorrect versions and malicious propaganda being controverted by publicity. The Broifgh ton case, which, it will be remembered, "N.Z. Truth" took up a few months ago, with the result that a grave injustice was remedied through the courts, is a case m point. Occasionally, there come before the courts cases so sordid m their essential details that not only for the benefit of participants but also from the standpoint .of public interest, only those persons directly or officially interested should be permitted to hear them. Magistrates are clothed -with power to clear courts m such cases, and while some of them use this power with discretion, others have' a tendency to seize upon flimsy pretexes to enshroud- cases m, secrecy, not only closing courts, ". but also unreasonably suppressing names and evidence. •Rather than extend the restrictive power of riiagistrates, their authority to clear courts and order the suppression of names or evidence should be more clearly defined by legislation; Doubtless most magistrates are actuated by good intentions when applying their powers m this respect, but such an important phase of justice should not be subject to personal prejudices and opinions, however good the mptive. -.<..-.