STAGPOOLE v. PIRANI

Stratford Evening Post, Volume XXXIII, Issue 19, 20 May 1912, Page 5

STAGPOOLE v. PIRANI

CHANGE OF VENUE GRANTED

(Per Press Association.)

Wellington, May 13. By the decision of the Supreme Court, change of venue from Palmerston North to Wellington was grantee in the case of Thomas Stagpoole v. Pirani and Co., Limited, and bredenck Pirani. The application was heard by Mr. Justice Cooper and Mr. Justice Chapman, the judgment of the Court being delivered by the latter. Mr. A. W. Blair appeared for the defend.ml: in support of the application, and .Mr. Myers for the plaintiff, to oppose. In granting the order the Court said, inter alia, that the action was for alleged libel published in the "Fcilding Star," owned and managed by defendants. The plaintiff was a schoolmaster under the Education Board. The alleged libel was headed, "A Fraudulent Return Sent in by Mr. Stagpoole." The defendant, Frederick Pirani, had taken a leading part in a lengthy proceeding involving an ennuirv into plaintiff's.conduct before the Teachers' Court of Appeal, in which plaintiff appealed from a decision of the Wanganui Education Board. "We think." said their Horfburs, "that it is undeniable that the hearing of that appeal caused a great deal of feeling, and considerable excitement in the district, wide enough to include the town of Palmerston North, where the enquiry was held." Referring to the publication in the "Maria watu Daily Times" of certain affidavits, their Honours said: "It is difficult to see why interlocutory proceedings in sueh an action should interest the public, unless there was already a state of excitement in the distrfcH. It seems to us to accentuate the fact that excitement exists, and wc come to the conclusion that it is undesirable in the interests of justice, and it would not be fair that this rape should be tried in Palmerston. This may be unfortunate for the plaintiff, who is not to blame, but it is not » the interests of justice that a trial should take place where such conditions exist." An order was made for the trial at Wellington, with costs £5 ss, costs in the action.