AN ILLEGAL ARREST.

Oamaru Mail, Volume XXXIX, Issue 10780, 31 May 1911, Page 4

AN ILLEGAL ARREST.

SLIPSHOD PROCEEDINGS. (Per Press .Association.) Auckland, May 29. A young Maori, Tohi Moko To Whero, charged with burglary at Riwene, found himself in' a peculiar position when brought before Mr Justice Edwards for •sentence at* tlie Auckland Supreme Court this morning. His Honor pointed out" that it was impossible to sentence the prisoner, because the proceedings leading to his appearance were so absolutely irregular as to be void. As the jurisdiction .given was dependent upon a statute alone, it was necessary that all the provisions should be strictly performed. In committing a person for trial it was essential first to warn" tho prisoner, and when receiving a confession of guilt, reduce it to writing, and get the prisoner's signature or mark affixed. In every case tho .signature should be attested! In the present case prisoner was not asked by the magistrate to sigh the plea of guilty, consequently- there was no confession of guilt, and no power to commit lor seiir tence. The papers had been sent back for rectification, but this had not been done. "1 must therefore discharge the prisoner," added iiis Honor. "It won't relieve him from the consequences of his offence. I must let him go. 1 have no authority to hold him. He has no business here." The young Maori, who was defended by Mr J. R. Rcid. then left the 'dock,' but was at once rearrested by a waiting detective.