APPEAL SUCCEEDS

Otago Daily Times, Issue 26478, 4 June 1947, Page 9

APPEAL SUCCEEDS

ALLEGED DESERTION

COMMENT FROM THE BENCH PA WELLINGTON, June 3. By an oral judgment delivered m the Supreme Court to-day by Mr J us tice Fair after hearing an appeal dj John Leslie Calkin, aged 23. a *«nan. against a conviction for ship desertio , it is apparent that future charges of this nature will have to be s uPP olt ed by more precise evidence undei the Shipping and Seamen's Act than has been customary in the P as^ •‘Although one has a sLong suspic ion that this man is guilty, said his Honor “ the evidence was not -urn cent to show that Calkin had contracted to serve for a round tup. One feels a certain amount of r^ eu the evidence cannot be acted upon because of the general rule that in all charges against all persons, vhethei of good or bad character the case must be proved according to the standard established by law.” The police evidence against Calkin was that he admitted that he was the man named in a warrant for arrest on a charge of desertion from the Lar«s Bay and the evidence on behalf of the shipping company was that Calkin’s name appeared on an unsigned list of men alleged to have deserted the ship before she left Auckland. On behalf of Calkin, it was stated that there was no evidence of agreement for a term of service between the employer and the employee before the court and no evidence had been brought to show that the appellant was absent without lawful cause and no intention to desert had been proved.