A SERIOUS CHARGE.

Otago Daily Times, Issue 20385, 17 April 1928, Page 10

A SERIOUS CHARGE.

W. S. BAGBY AGAIN IN CGURT. SUPPRESSION OF NAME REFUSED. , (Special to Daily Times.) WELLINGTON, April 16. The argument that the accused would lose immediately his jockey's conditional license if his name were published before the actual hearing o£ the case carried no weight with Mr S. L. P. Free, S.M., at the Masterton Magistrate's Court, this morning, when Walter Scott Ba'gby, a well-known jockey, aged 20 years, appeared on a charge of committing rape at Masterton on Saturday. Sergeant Dyer, who represented the police, stated that the accused had been arrested at Opaki yesterday by Constable Devine and himself, but as the police required time in which to prepare their case he asked for a remand until April 27. Mr C. C. Marsack, who appeared on behalf of the -accused, agreed to tne remand. He asked for bail, and also for the interim suppression of his client's name. In the latter connection he submitted that were the name' t-> be published at the present stage the mind of the public, members of which would no doubt constitute part of the ultimate jury, would be prejudiced against Bagby. Counsel realised that when the case came forward lor trial the name would have to be published, but both sides of the case would then be available for publication. Continuing, counsel said that the accused had recently. been in trouble at Auckland, as a result of which the Racing Conference had granted him a conditional license as a jockey. Were Bagby's name to be published now his license would be, immediately cancelled by the conference, and his means of livelihood removed. Mr Free: The circumstances now and at the trial will be identical, will they not? Counsel: There is a gap of 10 days, and when the case is called for trial the whole facts will come out. Mr Free: Would tne Racing Conference act as you suggest merely upon the accused being charged, even before the trial? Counsel: I cannot speak authoritatively on the point, but I understand-.so. Mr Free: It seems very unfair. Counsel: The conference is touchy when it comes to its name. Mr Free: Quite right, too. Counsel: The accused's license is only a conditional one, and I take it as certain that it will be cancelled if Bagby's name appears in the paper in the morning. Mr Free: This charge may be absolutely true or absolutely false. It may be one or the other, and I hesitate to think that the Racing Conference would assume it to be true and cancel the accused's license. Counsel said that there was to be an important race meeting at Palmerston North in a few days' time, and he was told that it would be absolutely impossible for the Racing Conference to allow Bagby to ride when it was broadcast in the press that there wa. such a charge against him. " It is true that in those matters the court has discretion in the publication of names; but it is a discretion which must be wisely exercised and used only in exceptional cases," said the Magistrate. | " I do not find anything out of the ordinary in this case to justify my suppressing the accused's name. No order will be made." I The remand was granted, and bail was t allowed in the sum of foOO, with two I sureties each of £250.