JUDGE IN DILEMMA.

Star (Christchurch), Issue 16662, 18 February 1922, Page 13

JUDGE IN DILEMMA.

EVIDENCE WITHHELD. (Per Press Association.) AUCKLAND. February IT. An unusual situation arose «t the Supreme Court sitting to-day. Mx Justice Stringer admitted one man to probation and a plea for similar treatment -was made bv Mr Singer for James John Packer, found guilty °f attempted criminal assault. His Honor, after interjecting during counsel'* address that there vas not the slightest possibility of taking that course, subsequently admitted that he was in n dilemma aa to what course to take. Packer had been found guilty of attempted criminal assault on an eighteen-year-old girl at Opahi. of I«iands. In mitigation of the crime. Mr Singer Faid that he desired to dinabuse his Honor's mind of certain, aspects as presented by the evidence. First he assured him that accused was not aware that the girl was alone in the house. Another matter demand-, ing gome explanation was the suppression of certain evidence in prironer’a statement to the police. This suppression had been made as a result of legal advice, the solicitor whom accused consulted in his town warning him that i certain facts might prove incrimin- [ ating, although he (Mr Singer) disagreed with this course. There wa# no doubt, he said, that this advice had been given accused and that he had had the assurance of the solicitor in question that he would shoulder the responsibility. Prisoner w*s a married man with two children and was of high

repute, and counsel asked his Honor to consider these facts. Residents of the district and prisoners wunld testify as to his former exemplary* o®haviour. His Honor: T do not wish to heax hi® wife, for to mr mind her testimony would aggravate rather than mitigate his behaviour. Mr Singer called Constable Potter, of Kawakawa. and local residents who testified to prisoner’s high repots in the districtCounsel asked his Honor to consider admitting Packer to probationAfter replying that ho could not possibly adopt the latter course. Mr Justice Stringer added: “ I must any 1 don’t remember ever having been placed in so embarrassing a position in connection with a case as I find myself now. After the case has been concluded and the jury has. arrived at its verdict, X am practically invited to reconsider the case because prisoner, on account of what I must character!®® as extraordinary foolish advice given him, has been committed to a line of defence which has prevented certain facts being brought forth which would have very much militated against him’’ His Honor added that he must have time to consider what course to take. He- was certainly not going to weaken the protection he thought young girl® snould be afforded by admitting the prisoner to probation : but he was c®rtainly placed in a most difficult position. He would consider the case until Monday.