UNFAIR REPORT

Otago Daily Times, Issue 23500, 14 May 1938, Page 19

UNFAIR REPORT

PROBATION OFFICER’S ACTION REBUKE BY CHIEF JUSTICE REFERENCE TO SUSPECTED THEFTS (Per United Press Association) HAMILTON, May 13. “In the probation officer’s report 1 am told that this prisoner is .suspected of similar other thefts. Such a statement should not be placed before the court,” commented the Chief Justice (Sir Michael Myers) in the Supreme Court when Kepa te Wharau, aged 23, a labourer, of Te Aroha, appeared for sentence following a plea of guilty in the Magistrate’s Court at Te Aroha to a charge of breaking and entering. The prisoner was sentenced to 12 months' reformative detention

" If the prisoner were represented by counsel," said the Chief Justice, “ it would be the duty of counsel to complain of certain statements in the report but, as the prisoner is not represented, I must refer to them myself. In the report lam told that the prisoner is suspected of similar other thefts. A man is no more to be sentenced by a judge on suspicion than he may be convicted by a jury on suspicion. Of course, no judge is affected by a statement of the kind, but it would be very difficult for the prisoner to believe that, and there are other members of the public who cannot understand, either, that a judge’s mind is not influenced by such statements. Justice must not only be fair; it must also seem fair.” Sir Michael said he hoped it would not be necessary tr» refer again 4o the matter. There was also another statement to the effect that prisoner’s father-in-law had been convicted of an offence involving dishonesty, the Chief Justice continued. That again, was a statement that should not be placed before the court. “ I would like to say, your Honor, that the Hamilton probation officer is not responsible for this report at all,” said Mr Gillies, who appeared for the Crown, “I do not care who was responsible,” Sir Michael replied. “All probation officers should understand that such a statement must not come before the court.”