OBJECTION TO J.P.

Oamaru Mail, Volume XVIII, Issue 12119, 22 December 1913, Page 5

OBJECTION TO J.P.

Peb Press Association. Christcliurch, December 20. The long series of Customs cases in which a number of persons are involved, was continued at the Magistrate's Court to-day, but the sitting came to an abrupt termination after the hearing of one charge owing to the strong protest by counsel engaged for the defence against what they alleged to be the inquisitorial attitude of one of tlio justices (Mr O. Crowther, a retired Customs officer). Mr Hoban, counsel for J. A. Campbell, raised the matter by remarking that counsel in the case had suffered for some time under a feeling that one of the i>re.siding justices had adopted the role of crown prosecutor. He submitted that in a. case of the sort the duty of the. justices was to hear the evidence, a.nd decide whether there was a prime facie case. - It was no part of their duty to examine the witnesses. . -

Mr Toneham. counsel for Francis, in endorsing Mr Hoban's view, said that the questions from the Bench were going pretty far. Counsel for the defence objected most strongly to the fact that one of the members of the Bench was a man with a great deal of Customs experience, who had been brought on to the Bench throughout tho prosecution. Counsel knew that lie was above suspicion, but lie was able to put questions to witnesses that were not always intelligible to counsel, who had less? expert knowledge- than I'.e had. I'nddubtedly lie bad put questions to witnesses that would prejudice the accused.

Air Crowther roi'lk'd thai any questions ho had put worn based on the answers given. hy witness, and were intended to emphasise or draw out more clearly what counsel were try big to yet sit. At the ''(inclusion of the case Air \V. •J. Neatcl. the presiding justice, >said that in view of wliat had been said % - hc was prepared to adjourn the remaining cases till next week. Air Hoban repeated that several of the ouestioiis Jiad been unfair to accused. Air A. 7". Donnelly, counsel in one (if the next cases, said that he had made no observations on the matter during the first case, because lie had no standing then, but he was bound to say that lie agreed with Air Hoban on one point. He did not dream of suggesting anything against the absolute impartiality of the Bench, hut justices miist not only be. above suspicion, they must also bo above- the. appearance of suspicion. One of the justices had sat oil every case since the com;, nienceinent. and he had a long connection with Customs prosecutions. However. there mis a rota of justices who sat in the order of rota, according to Convenience, therefore the inference might be raised that the particular justice was brought -on to the case because of his experience.

Alr Wright, who conducted the visa's for the Crown, said .that the. Court was indebted to Mr Crowlher for sitting on a rasn in which his experience was available, and Ire- was pained to hear the remarks of counsel.

Air Crowther said that he thought he might be of some assistance/ and that, was why he had responded. ;

Air Hoban said! that tho Crown had. been getting all the benefit of his experience, which would not have, been available if another justice had been on the Bench. The Customs cases had some, nice points in them.

Finally the cases were all adjourned till Tuesday on thr tacit understanding that the position would be reviewed.