THE J.P.'S AGAIN

Observer, Volume XXI, Issue 1196, 30 November 1901, Page 3

THE J.P.'S AGAIN

A Recent Case at Dunedin

I'l is not very often that a magistrat; is assisted by four J.P.s

in hearing, an ordinary case, or, for the mutter of that, any case at all Hut there was an exception the other day at Dunedin. Th-j magistrate had no less than that number on the bench, and they assisted him materially. Strangely on- nigh, the case was one against a Look maker, who waa arrested as the resul' of a raid by the police. The point raised was the refusal of cci tain wi tnesses to give evidence wLich m'ghi incriminate them. The magistrate ruled that he had power to issue certificates which would fine them from any consequence ot their testimony, and he wji- supported by the Crown Prosecutor, who produced a telegram iroir. the Justice Department inp; that if witnesses gave full evidence they would not be proceeded against. But the J.P.s over< ruled both S.M. and Department, and the evidence was not givon. The case was therefore dismissed.

We have no reason to think that the J.P.s were imbued with any other motive for their action than a dun regard to their duties, or that the fact that defendant was a ■ member of an influential firm of bookmakers had anything to do with their being on the Bench. But we do say that the action was not only unusual, but most extraordinary. Mr Graham, the Dunedin S.M., is a .most capable magistrate, and has the advantage of a very long experience, and his decisions, both in Wellington and Dunedin have always been respected. It is, therefore, not to be wondered at if feeling is aroused as to the wisdom of allowing laymen to over-ride experienced men on questions of law. The possibilities of this kind of

latiUrie «k'«mmto«B and dangerous. Kkat m *© fcMte, fa» •'*■>■, stance, the packing gf <he Inh by anyone who gets fart© a *Mgi%] there- is no means of getting o«t of if a magistrate is on the Bench? He may be guilty of a serious offence, but if he is wealthy, there seems to be no difficulty, in the present state of things, in his securing the attendance of J.P.'a who will order his dismissal. ]

in New Zealand, as in other of the colonies, the Commission of the Peace is not -too pure, and until it is better there ore grounds for apprehension that the overruling 1 of experienced magistrates by amateurs will work immense havoc in the dispensing of justice. Except in very rare instances, the trouble is to get .Justices to attend the court. There is hnrdiy a court in the colony that is not delayed occasionally through this very difficulty. But when it happens thut no less than four are in attendance, in spite of the fact that the magistrate is already there, and that they carry by vote their lay opinions against his mature ones, it is time to ask what it will lead to, and what will become of our :ustico ? This apprehension is emphasised by the fact that the decision of the Department was also sei nsidt! by the Justices. If this sort of thiiuy is continued it is time to see about the purging of the rolls, or doing away with Justices altogether. The. roll contains the names of many upright men, but there may be others whose names should not be there, and, in any case, when it comes to a question of J.F.s out-voting magistrates on important law points, the necessity seems to be all the stronger for some such action.