BAIL GRANTED

Southland Times, Issue 22728, 2 November 1935, Page 5

BAIL GRANTED

McArthur case . AN APPEAL AGAINST EXTRADITION CONDITION IMPOSED (United Press Assn.—Telegraph Copyright.) (Rec. 10.20 p.m.) Sydney, November 1. Dealing with the J. W. S. McArthur case to-day the Stipendiary Magistrate, Mr Williams, refused McArthur bail and granted an order for his extradition to New Zealand. . Later in Chambers Mr Justice Maxwell granted an application on. behalt of McArthur for bail pending the hearing of an appeal against the extradition order. Bail was fixed at £5OO ana one surety of £5OO. A condition imposed by the Judge was that an aiiidavit in support of the appeal must be filed and served on or before November 8. Dr. Louat, counsel for McArthur, in support of his application for bail submitted that the ‘charge _ against McArthur was not known in law. Certain papers required from New Zealand had been refused. If these were produced it would be shown that the c h ; ' r B e against McArthur was _ not justified, certainly not‘in good faith. Mr Justice Maxwell said it was difficult for him to assume that a Government prosecution was not in good faith. . , . , Dr. Louat stated that it was intended to appeal to the Full Court on five grounds, the substance of which was that the charge against McArthur was without foundation and was not in good faith because it related to matters which occurred two and a-half years ago, the relevant facts of which had been in the possession of the prosecuting authority for the past twelve months. McArthur’s counsel gave an undertaking to proceed with the appeal with diligence. The position now is that McArthur remains here on bail until the Crown has considered affidavits to be filed, by next Friday, after which the question of listing the hearing _of his appeal will be determined’. It is expected that finality will be reached the week alter next.

McArthur is charged with issuing a false prospectus in New Zealand.