WITNESSES TWICE REFUSE TO GIVE EVIDENCE WARNED BY JUDGE

Wanganui Chronicle, 6 May 1947, Page 5

WITNESSES TWICE REFUSE TO GIVE EVIDENCE WARNED BY JUDGE

(P.A.) Auckland, May 5. Two warnings of the obligations of witnesses and the seriousness of contempt of court were given by Mr. Justice Callan to each of two witnesses called by the prosecution who declined to give evidence and refused to take the oath. The incidents occurred during the trial of Selwyn Lowe, aged 31, who was charged with breaking and entering by night the home of Charlie Wong Chuck, with intent to commit a crime. Alternate charges of robbing Charlie Wong Chuck and Fong Hon of money and tobacco of a total value of £773 9s 6d, at the same time using violence, and of aiding and assisting Benso Scalabrini and Selwyn Caplans in robbery, were preferred. A plea of not guilty was entered on all the charges. After evidence of assault and robbery on the night of January 21 was given by Charlie Wong Chuck and Fong Hon, Selwyn Caplan, seaman, already serving a term of imprisonment after admitting robbery , was called. He stepped into tbe witness box and refused to take the Bible, and then told His Honour he did not wish to give evidence against accused. His .Honour: You have been called to give evidence, and you cannot refuse to take the oath or answer questions as they are put to you. It is a rather serious thing to refuse to take the oath, and you do so at your peril. ( Caplan again refused. His Honour: I shall stand the witness down and perhaps someone will explain to him what’ contempt of court means. Witness then left the court. The next witness to be called vas Benso Scalabrini, seaman, who was also seiwing a term of imprisonment for the same offence. He also indicated he would not give evidence against Lowe. His Honour: You are taking the sarrje attitude as Caplan. It is possible that you are young and do not understand this country and do not realise the seriousness of your steps. After the luncheon adjournment Caolan and Scalabrini were again called to give evidence, and again refused. His Honour: You have been legally brought here and have twice refused to give evidence. If you still persist you shall be charged with contempt of court, which is a serious offence. Your only excuse is that you don’t wish to give evidence, an excuse which the court cannot accept. I shall order the Crown Prosecutor to stand you down and call you after the other witnesses have been heard. You will be given a last opportunity, but if you persist "the court shall deal with you as it sees fit. Later, both witnesses took the oath and gave evidence. The hearing is unfinished.