REQUEST BY ACCUSED

Otago Daily Times, Issue 22566, 9 May 1935, Page 5

REQUEST BY ACCUSED

JUDGE GRANTS REHEARING

JURY DISCHARGED IN THEFT CASE (Per United Press Association) PALMERSTON N., May 8. With a lengthy calendar of criminal and civil cases, the Supreme Court opened this morning before Mr Justice Smith. In his charge to the.grand jury the judge said that there were seven indictments for consideration, six of which related to offences against property True bills were returned in all eases.

The unusual course of discharging a jury and directing the rehearing of a case after evidence had been tendered by the'first witness for the Crown was taken by the judge. The accused, Keith Elford Craig, a metal dealer, aged 33, of Wellington, who is charged with theft or alternatively with receiving bronze bearings 'it Linton, requested the case to be stood down, as he had been unable to get witnesses to court. The accused said when the indictment was read that if the case proceeded the court would hear two witnesses for the Crown, and he would be able to give only his own unsupported statement, though i. at would be on oath. After questioning the accused, the judge t-aid that the accused was trifling with the court and ordered the case to proceed. Subsequently during the cross-examin ation of the first witness the accuse 1 declared that he had no opportunity whatever of getting in touch with the witnesses for the defence, as after the lower court hearing he had been placed in custody and had been uni'ble to communicate with the outside world. The judge here adjourned the court briefly in order to make inquiries, after which his Honor announced that he did not wish to place the accused at a dis advantage. It appeared that the accused had not had much time to prepare his defence. The judge discharged the jury and directed the registrar to bring to the court at the Crown's expense any witnesses the accused might name. The case was set down for Monday. The accused indicated that he wished to conduct his own defence. The judge added that the Crown Solicitor was unaware of any embarrassment of the recused.