LICENSING BENCH CASE.

Otago Witness, Issue 3768, 1 June 1926, Page 27

LICENSING BENCH CASE.

SUPREME COURT JUDGMENT. WANGANUI. May 28. At the court this morning judgment was given in the case which was heard before bis Honour Mr Justice Alpers at the Wanganui Supreme Court on May 18, in which it was sought to remove Arthur Gorbell Bignell from the Wanganui Licensing Bench. The action was brought by Samuel Henry Shepherd. The judge’s written judgment was pronounced as follow's : I have carefully considered all the facts, disclosed in the pleadings and affidavits filed in this case. It w r as frankly admitted by counsel for plaintiff that the defendant had at no time while holding office • a member of the licensing committee given the least evidence of bias or taken part in any decision in which there might be a reasonable apprehension of bias. Having regard to the fact that the defendant is admittedly not disqualified by the terms of the Statute, that he has bona fid) ceased since the proceedings were begun to have any pecuniary interest from which bias might be inferred, and having regard in particular to the provisions of section 49 of the Licensing' Act, 1908, I have decided, in exercise of the discretion reposed on the court, to refuse the order asked for by the plaintiff. In circumstances that have arisen it is desirable that the judgment of the court be pronounced now. *My fuller reasons for that judgment 1 hope to give later. The motion is dismissed with £l2 12s costs.