WELLS OF JUSTICE

Otago Daily Times, Issue 25454, 8 February 1944, Page 2

WELLS OF JUSTICE

ATTEMPTED POLLUTION TWO JURORS APPROACHED (P.A.) WELLINGTON, Feb. 7. An application by the Crown Prosecutor, Mr W. H. Cunningham, for an adjournment of the trial of Florence May Radcliffe.’a domestic, aged 39, on six charges of unlawfully using an instrument with intent to procure a miscarriage and one charge of the attempted unlaNvful use of an instrument, was granted in the Supreme Court today by the Chief Justice, Sir Michael Myers, after Mr Cunningham .had stated that two members of the jury panel had been approached on behalf of the accused. His Honor commented that it was a, grave and serious matter and that every effort should be made to carry it further to prevent such attempts to pollute the stream of justice. Interference With Jurors Mr Cunningham said that at least two jurors had been approached. They were strangers to the accused, and it was difficult to know how far an approach had been made to the whole panel. In reply to the judge, Mr Cunningham said the man who made the approach had not been identified. He was unknown to the actual jurors but his description tallied in each case. The sheriff, replying to his Honor, said that two copies of the jury panel had been issued, one to counsel fer the accused and one to counsel connected with another case. His Honor said that counsel was entitled to a copy and to show it to the accused or to a person nominated by the accused, as an accused person was entitled to go through the list to see if it contained the name of anyone likely to be opposed to him or perhaps have some feeling against him so that he would know whom to challenge. The object of allowing persons to have copies of the panel was certainly not to enable them to poison the wells of justice. Mr Cunningham, in reply to his Honor, said that one cf the jurors approached had told his solicitor, who had reported the matter to the sheriff. Both jurors had signed statements . that they had been approached. Mr R. R. Scott who represented the accused, said he knew of no one who had approached anybody at all. A Friend of Accused His Honor said that no one had suggested the possibility of Mr Scott’s approaching anyone and he would be very sorry to think that such a thing were possible; but the point was that the person who approached members of the jury panel must have been a friend.or some person acting in the interests of the accused and must have seen the jury list. Possibly the list was seen, and perfectly properly seen, in Mr Scott’s office or in possession of the accused if Mr Scott gave her a copy. His Honor said that it would be wrong to grant bail in the circumstances, and adjourned the case to next week, when a new panel will be called. ~