PUBLICITY AND CRIME.

Otago Daily Times, Issue 21102, 12 August 1930, Page 6

PUBLICITY AND CRIME.

EFFECT ON COURSE OF JUSTICE. STANDARDS OF THE PRESS. (Pee United Press Association.) WANGANUI, August XI. In the Supreme Court this morning, his Honor the Chief Justice (Mr Justice Myers), in directing the grand jury, said that they had a right to make a presentment in matters affecting the administration of justice. It, however, was not usual nowadays, but still they had an undoubted right. Similarly it was the right and duty of judges to draw attention to possible evils in connection with the administration of justice, with a view to preventing their existence or their continuance if they existed. “ There is,” added his Honor, " one matter upon which I do not invite a presentment, but to which I consider it my duty to draw attention. It must not be assumed that what I say necessarily has reference to any case now before you, but I am led to make my remarks because there happens to be _on the list a case which, by reason of its somewhat sensational character, probably created at the time a good deal of public interest, and because of a tendency on the part of newspapers (perhaps not unusual in our changing conditions of life) to give publicity to cases of a sensational _ character to an extent, or, what is more _ important, of a nature that may not be in the best interests of justice. Gentlemen, the fairness of our administration of justice is one of our most cherished traditions —a tradition that one should endeavour to hand down, unsullied to the generations who come after us. It is a tradition which has been created not by the judiciary alone, nor ever by the judiciary with the assistance only of a fearless and independent bar; its creation and existence have been materially assisted by a free and independent press, which has never hesitated fearlessly to, criticise any matter affecting the administration of justice whenever such criticsm appeared to be necessary “ But how will it lie with the newspaper press to criticise the administration of justice, if it is itself the .first to disregard the, principles of fairness which are regarded as the basis of the system? It is an underlying principle of our system that the trial of an accused person should be conducted in court, and that the verdfet should depend upon the evidence then and there adduced, and only upon that evidence. But the tendency nowadays (it has originated in other countries and, unless cheeked, may. become stronger in dur own) is. In sensational cases at least, for the newspaper press to publish all kinds of information, partly by means of photographs, partly by sensational headlines, and partly by means of paragraphs or a connected story, relating to the life history of an accused person, and to incidents of the crime of which he is accused and other, matters; which information may conceivably affect the fairness of the trial. It is all very well to say that the arm of the law is long enough or strong enough to. punish a newspaper if it goes too far, but by that time, in the particular case, mischief to an accused person may have already been done. “ Anyway, 1 believe that, on the matter being brought under notice, as I am endeavouring now to bring it before themthe newspaper press will exercise care and discretion in these sensational cases prior to the, actual trial of the alleged offender —not in fear of punishment, but because of their desire to do nothing that may operate prejudicially to ( the fair administration of justice. ' , “The press will, I am sure,” added his Honor, “accept my observations in the spirit in which they are spoken.”