IMPORTANT LEGAL POINT
CASE OF FORMER PUBLIC SERVANT
(P.A.) AUCKLAND, April 24. Arrested in Auckland today on a charge of escaping yesterday from the Rotoroa inebriates home, Paul Desire Nestor Verschaffelt, aged 52, a retired civil servant, appeared in the Magistrate’s Court before Mr J. Morling. Mr Noble appeared for Verschaffelt, who pleaded not guilty. There was an important legal point involved, said counsel in applying for bail. Verschaffelt was sent from Wellington to Rotoroa for two years and later was transferred to Auckland prison, where he remained for six weeks. A writ of habeas corpus was obtained in the Supreme Court and the Judge ordered Verschaffelt to be immediately released from prison. He voluntarily returned to Rotoroa. The point now was whether he was being legally detained on the island. Counsel contended that the Supreme Court order cancelled the whole period of detention. This was not a matter for the Maistrate; counsel merely mentioned it in applying for bail. Verschaffelt: On the advice of a very eminent gentleman I voluntarily returned to Rotoroa for a few days. I contend, sir, that I was not legally detained there. The Magistrate granted a remand until Monday, Verschaffelt to remain at the police station until a boat sails for Rotoroa this evening.
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https://paperspast.natlib.govt.nz/newspapers/ST19410426.2.27
Bibliographic details
Southland Times, Issue 24419, 26 April 1941, Page 6
Word Count
210IMPORTANT LEGAL POINT Southland Times, Issue 24419, 26 April 1941, Page 6
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