ESCAPED PRISONERS

Poverty Bay Herald, Volume LXI, Issue 18386, 2 May 1934, Page 5

ESCAPED PRISONERS

THE RIGHT OF TRIAL CRITICISM BY JUDGE GRAND JURY’S RIDER ! (Per Press Association.) AUCKLAND, this day. Strong disapproval of the law which enables men escaping from prison to put the country to the expense of trial before a jury was expressed by Mr. Justice Ostler, when delivering his charge to the grand jury in at the Supreme Court.

The judge said that two men, Raymont. Claude Hogg and John Thomas Hartley, were charged with escaping from Hautu prison camp on February IC. They were serving fairly long sentences. There was no doubt that they attempted to escape, although there might be a point of law whether they were still on prison property. They were not captured until after 30 hours.

"Escaping is an indictable offence," said the judge, "and I do not think it ought to be. The consequence is that a person who is charged has a right to be tried by jury. I do not think that is right. A person who has become a criminal, and forfeited his rights as a citizen, should be dealt with by the prison officials, but these two men rtc able to put the country to the expense of bringing them from Hautu, and the officer in charge of the camp and two warders. These men have to be hero for several days, and substitutes have to be found to do their work and look after 100 or more prisoners down there. Clearly, that is going to cost the country a considerable amount, all to give two criminals a little holiday in Auckland." The judge said he did not know what, the jury thought of it, but he thought it was absolutely wrong that, criminals should be able to put the country to all that expense. He suggested, if the jury ’agreed with him, that it could make some rider to that effect. He would be very happy to send it on to the authorictie.s.

The following rider was returned by the grand jury: "The grand jury are of the opinion that, owing to the expense incurred in bringing prisoners before a common jury for trial, it would be better for the offence of escaping from prison to be dealt with bv a magistrate or justice of fthe ptiace under the appropriate prison regulations."