ADMINISTATION OF LAW

Taranaki Daily News, 12 August 1930, Page 11

ADMINISTATION OF LAW

APPEAL FOR FAIR HEARING SEN SATION ALISM DEPRECATED. THE, PRINCIPLES OF JUSTICE. By Telegraph.—Press Association. Wanganui, Aug. 11. In ■> the Supreme Court this morning, His Honour the Chief Justice, Sir Aliehael Myers, in a direction to the Grand Jury eaid that they had a right to mak© a presentment in matters, affecting th© administration of justice. It, however, was not usual nowadays, but stilLthey had an undoubted right. Similarly, it was the right and duty of the judges to draw attention to possible evils in connection with the administration of justice.with a view, to preventing-their existence in court. -. -h

“There is,” added His Honour,: “one matter upon which I do not invite a presentment but to which I consider it my duty to draw attention.. It must not be assumed that what I say necessarily hhs reference to any. case' how (before you, but I am bound to make my remarks because there happens to be on the list a case which, by reason; of its somewhat sensational character,' probably created at the time a good deal of public resentment because of the tendency on the part of the newspapers, perhaps not unusual in our changing conditions of life, to give publicity to eases of a .sensational character that may hot be in the best interests of

justice. “The fairness of our administration of justice is one of our most cherished •inherited traditions, a tradition that we should endeavour tq hand down junsullied td ! the' generations whb come', after us. ■ If' a. tradition which has not been created by the; judiciary alone, nor even by. the judiciary with the assistance only of a fearless, independent bar, its creation and existence, have been materially assisted by a free and independent Press which has never hesitated fearlessly to criticise any matter affecting the administration of justice whenever such criticism appeared to be .necessary. But how will.it be with the Press to criticise the administration of justice if it is itself first to disregard the principles of fairness which are regarded as basic in the.system? TRIAL ONLY IN COURT. “It is on this underlying principle of our system that the trial-of an accused person should be conducted in court, and only in court, and that, the verdict should depend upon evidence. then and there adduced, and only upon that evidence. But there is a tendency nowadays, which has originated in other countries, and which, unless checked, may become stronger in our own. “It is sensational at least for the Press to publish all kinds of information partly by means of photos, partly by sensational headlines and partly by means of paragraphs or a connected story relating to the life history of the accused person and to incidents of • the crime of which he is accused and other information which may considerably affect the fairness of the trial.

“It is all very well to say that the arm of the law is long enough and strong enough to punish a newspaper if it goes too far, but by that time in a particular case the mischief to ah accused person - may have already been done. ■ j “Anyway, I believe that on the matter ” being brought under notice, as I am • endeavouring now to bring it before them, the Prece will exercise care and discretion in these sensational cases prior to the actual trial of the alleged offender, not from fear of punishment/ but because of their desire to do nothing that may operate prejudicially to the fair administration of justice. “The Press will, I am sure,” added Hie Honour, “accept my observations in the spirit in which they are spoken.”