FIVE CHARGES.

Star (Christchurch), Volume LXIV, Issue 936, 5 December 1933, Page 7

FIVE CHARGES.

J. B. Batchelor in Court. BAIL NOT ALLOWED. When John B. Batchelor, a solicitor's agent, appeared on remand at the Magistrate’s Court to-day on charges of perjury and perx-erting the course of justice, the Crown Prosecutor stated that it had become necessary to lay a fifth information oxving to an allegation that Batchelor had interfered with witnesses since being liberated on bail. He added that there xvould probably be a sixth charge. Batchelor was remanded until December 14, bail being refused on this occasion. Batchelor was represented by Mr Leicester, of Wellington. Mr E. D. Mosley was on the Bench. The charges were:—(l) On August 24 committing perjury in a certain judicial proceeding, on the hearing in the Supreme Court, before Mr Justice MacGregor, of a petition for dissolution of marriage brought by Cyril Dixon against Isobel Dixon by falsely swearing “ She refused to name the co-re-spondent and I x\ - as unable to identify him,” whereas in truth and in fact the alleged co-respondent was personally known to him and xvas in fact able to identify him. (2) On June 2, being required to make a statement on oath, did thereupon make a statement that xvould, if made in a judicial proceeding, ha\-e amounted to perjury, by making a statement on oath “ That on the 26th day of May, 1933, at Sockburn. I saxv the said respondent and a male person unknown to me in an attitude suggestive of adultery,” whereas the said male person xvas well known to him. (3) On June 2 he wilfully attempted to pervert the course of justice. (4) On May 26, xvith intent to mislead the Supreme Court, fabricated evidence by means other than perjury or subornation of perjury. (5) On November 28, at Christchurch, attempting to pervert the course of justice. The Crown Prosecutor (Mr A. T. Donnelly) said that it xvas intended originally that the first four charges should hax-e been heard to-day, but circumstances had altered that. The Crown intended to proceed xvith all cases on the day to which Batchelor xvould be remanded. Approached By Wife. Mr Leicester said the fact of the remand xvas unfortunate for accused and for himself, and they had been ready to proceed with the case and he had come from Wellington for that purpose. As far as he could understand, after the first charges had been preferred, his client's wife had approached one witness to be called by the Crown and obtained a statement from her. Batchelor’s wife xvas greatly upset over the original trouble. The statement, if beliex’ed, xvould do a great deal to clear her husband of the charges. The evidence of the witnesses, said Mr Leicester, had not been taken at the time, and it seemed to him, and he submitted to the Court, that the defence xvas entitled to go to any witnesses to further its case. Counsel stressed the point that it xvas the wife who had gone to the witness, and it xvas her desire to do every thing to help her husband that had led her to obtain the statement xvhich might, or might not, be different from the statement gix’en the Crown. Would Not See Witnesses. lie gave these facts to the Court in connection with bail. If bail xvas granted, Batchelor xvas prepared to gix-e an undertaking that no witnesses to be called for the Croxvn would be approached again, and Batchelor would continue to report twice daily to the police as he had been doing. It could be mentioned that after Batchelor xvas admitted to bail, he told the detectives that he wished to approach Mrs Dixon or another xvitness, Campbell, and suggested that he should do so in the presence pf the police or the Crown Prosecutor. The police said that he must exercise his own discretion in the matter. Counsel maintained that I Batchelor was justified in building up his evidence* “ We are entitled to have the case heard to-day,” said counsel, “ if it were not for the fact of the other charge. Batchelor ansxvered properly to bail, and there is no suggestion that he is not going to ansxver in the future or clear out. There may be a suggestion that he xvill approach xvitnesses, but he xvill gixe an undertaking that he xvill not.” The Magistrate: You xvon’t give your personal undertaking. Counsel: I xvould not do that for anyone. Mr Leicester added that it xvould be practically prohibitive for him (counsel! if accused xvas kept in custody. Mr Donnelly said that the evid'ence xvould take more than a day to complete. When the Magistrate evinced surprise, Mr Donnelly added that it xx*as not usual for coinsel to under-estimate the length of cases. Mr Leicester said that apart from Monday and Wednesday of next xveek he xvould be free. “ Not Quite Correct.” Mr Donnell}', returning to the subject of bail, said that he did not dispute the right of approaching xvitnesses in a proper way. The police, by taking statements from xvitnesses, did not a-viiiire a proprietary interest in them, lie had expressly refrained from referring to the fact of the last charge but it xvas necessary for him to say that the instructions given to Mr Leicester were not quite correct. Accused had been the means of procuring a statement from the girl concerned, under circumstances which amounted to the commission of a crime. With regard to the xvitness Campbell, accused xvent to her and tried to persuade her to refrain from giving ex’idence. Batchelor had so conducted himself that a responsible authority had found it necessary to lay another charge as the result of his behaviour xvhile released on bail. “ I greatly regret that I ha\*e to oppose the application for bail,” said Mr Donnelly, “at least until the case has come before the Lower Court and the evidence of the xvitnesses taken.” Enforcing Undertaking. Mr Leicester suggested that xvhen bail xvas being considered the last charge should be considered apart from the other charges. The undertaking on the part of Batchelor not to see the I Crown xvitnesses could be enforced by ! advising the xvitnesses that Batchelor xvas not to see them and that the police j were to be advised if he made an | attempt to do so, under which ciri cumstances he would be liable to inI stant arrest. | Batchelor xvas remanded until DecemI ber 14. Bail was refused.