“JUSTICE MUST BE FAIR”

Wairarapa Times-Age, 14 May 1938, Page 9

“JUSTICE MUST BE FAIR”

COMMENT BY SIR MICHAEL MYERS. STATEMENTS IN REPORT TO COURT. By Telegraph.—Press Association. HAMILTON, May 13. “In the probation officer’s report I am told this prisoner is suspected of similar other thefts. Such a statement should not be placed before the court,” commented the Chief Justice (Sir Michael Myers) in the Supreme Court, Hamilton, when Kepa Te Wharau, aged 23, labourer, Te Aroha. appeared for sentence after having pleaded guilty in the Magistrates’ Court, Te Aroha, to a charge of breaking and entering. Prisoner was sentenced to 12 months’ reformative detention.

“If prisoner were represented by counsel,” said his Honour, "it would be the duty of counsel to complain of certain statements in the report, but as prisoner is not represented I must refer- to them myself. In the report I am told that prisoner is suspected of similar other thefts. A man is no more to be sentenced by a judge on suspicion than he may be convicted by a jury on suspicion. Of course, no judge is affected by a statement of the kind, but it would be very difficult for prisoner to believe that, and there are other members of the public who could not understand either that a judge’s mind could not be influenced by such statements. Justice must not only be fair, it must also seem fair.” He hoped it would not be necessary to refer again to the matter. There was also another statement to the effect that prisoner’s father-in-law had been convicted of an offence involving dishonesty. That, again, was a statement that should not be placed before the court. “I would like to say, your Honour, that the Hamilton probation officer is not responsible for this report at all,” said Mr Gillies, who appeared for the Crown.

"I do not care who was responsible,” replied Sir Michael Myers. “All probation officers should understand that such a statement must not come before the court.”