SECRET TRIALS

Taranaki Daily News, 28 December 1934, Page 3

SECRET TRIALS

MILK BOARD AUTHORITY. COUNTY JUDGE CRITICAL. A.strong attack on “secret trials,” as conducted by the Milk Marketing Board in England, was made by Judge Sir Alfred Tobin at Westminster County Court. Mr. D. J. Fountaine appeared for the board on a claim against S. E. Butler, a Hants dairy farmer, for £lO penalty imposed “pursuant to the Milk Marketing scheme statutory rules and orders.” He said that Mr. Butler was required to send information about sales of milk by retail. He did not,reply. The board held an inquiry, and he was given an opportunity of appearing before the board. He did not appear and did not make a return. . Judge Sir Alfred Tobin: Have the public a right to go and hear the trial? Mr. Fountaine: No. Judge Tobin: Am I to understand that certain of the King’s subjects can be fined by some kind of tribunal sitting in a room to which the public are not allowed admission? —That is so. Judge Tobin: It seems contrary to our law. I thought that the essence of English justice was openness. Mr. Fountaine: The Act enabling this state of affairs to come about has been approved. Judge Tobin: If the Act says these things can be done in secret, I am bound by the Act of Parliament. Can you show me the Act of Parliament? I know that if I had been in Parliament there would have been some obstruction on my part before any voting for trial of the King’s subjects in secret. “THEY OUGHT TO BE PUBLIC.” Mr. Fountaine: The Act is the Agricultural Milk Marketing Act. Judge Tobin: What are the sections allowing secrecy?—The Act approves the Milk Marketing scheme. Judge Tobin: Since I made some observations the other day about trials in secret I have been inundated by letters —some wise and moderate, others unwise and immoderate—all denouncing trials in secret, and prima facie, I agree with that. Mr. Fountaine: I don't say that the Minister has ordered trials in secret. Judge Tobin: Then they ought to be in public. I denounce trials in secret unless ordered by some Act of Parliament or Minister with authority to do so, and then I must bow. Mr. Fountaine: As far as I am aware, no members of the public applied to be admitted. Judge Tobin: In time of war spies nave to be tried in secret, but that is under special powers. Why does the Milk Marketing Board prevent me going in where a friend may have to be tried and a penalty imposed?” “The only safeguard to our liberties and .persons is openness,” he added “Cases may be tried in camera when the details are filthy, but that is in a different category. To force an honest farmer to be tried in England for a certain amount in private, against, that I rebel. Is there a single provision which suggests it may be done in secret? Mr. Fountaine: In fact there is no provision requiring it to be done in public. No member of the public was refused admission on this occasion. Judge Tobin: That is not the point. They were not admitted. You tell me they would not be allowed in if they went and knocked at the door. Judgment was given for the defendant with costs.