BOXER’S LICENCE

Otago Daily Times, Issue 26559, 6 September 1947, Page 3

BOXER’S LICENCE

APPLICATION TO ADMIT NEW EVIDENCE DISMISSED BY COURT P. A. WELLINGTON, Sep*: 5. The Court of Appeal held a special sitting this morning to hear an application by counsel for Boswald Murphy for leave to admit further evidence on the appeal brought by the New Zealand Boxing Association on June 30 against an order of Mr Justice Christie requiring Murphy’s boxing licence to remain in force. The fresh evidence ■ sought to be admitted arises from the minutes of the Boxing Council which do not contain a resolution to»hold an inquiry of March 7, for nbn-attendance of which Murphy’s licence was suspended ip the first place. It followed from this, said Mr R. E. Harding, appearing for Murphy, that strictly speaking Murphy was not summoned Ho attend an inquiry, there having been no resolution of the Council to that effect. Harding submitted that this disposed of the appeal in Murphy's favour. He explained that this evidence was not discovered at the time, the minutes being in possession of the council, and from affidavits filed by the Boxing Council it appeared that the inquiry had been properly constituted. Mr W. J. Kemp, for the council, said that leave to adduce fresh evidence should be refused because the applicants could have discovered the evidence now sought to be admitted by the /exercise of due diligence before the original proceedings in the Supreme Court. After hearing legal argument, the court dismissed the application.