DUAL CAPACITY.

Waikato Times, Volume 116, Issue 19328, 7 August 1934, Page 7

DUAL CAPACITY.

COUNSEL AND WITNESS. CRITICISM BY CHIEF JUSTICE. ALLEGATIONS OF BIAS WITHDRAWN (By Telegraph.—Press Association.) WELLINGTON, Tuesday. The impropriety of a person acting as both counsel and witness was strongly emphasised by the 'Chief Justice, in the Supreme Court, when giving his decision in a motoring licensingcase.

His 'Honour said Lbc capacities of counsel and witness in combination were incompatible and calculated to embarrass not only the person who so acts but also the opposing counsel and Hie 'Court as well.

■He pointed out that in -connection with a claim by Newman Bros., Ltd., of Nelson, allegations of bias were made against Mr J. A. 'O. Allum in his capacity as chairman of the Central Licensing Authority, in an affidavit made by counsel for Newman Bros. (Mr

Harding) . ‘ UdiS# “ Far From Satisfactory.”

His Honour continued: “When the action came for trial before me counsel for Newman Bros., Limited, said that as a result, of inquiry it, lvad been ascertained that the charges of bias were ill-founded, and he desired to unresevedly withdraw them. I have . no hesitation in saying that if charges ! of this kind are to be made they should be deposed to by the person on whose behalf they are made, or by the person who has made inquiries and is in a position to give evidence as a result of such inquiries, and md by a legal adviser, and certainly md, by counsel. It is far from satisfactory that a member of the illar should llnd it necessary as counsel to inform the Court that a statement deposed to in an al'tldavit by himself as 11 1 < * basis of an application for an interim injunction was it I- founded. The earth has shrunk in the last live years, according to a scientist's calculations, by ,uouUoio2'J millimetres