MISTAKEN IDENTITY.

Waikato Times, Volume 118, Issue 19629, 16 July 1935, Page 10

MISTAKEN IDENTITY.

MISCARRIAGE OF JUSTICE.

CASES IN GREAT BRITAIN.

In view of the interest taken in a case of mistaken identity in Hamilton some time ago, the following, taken from tiie Manchester Guardian, will he of interest: —

A clause in the Act of 1907 which set up the Court of Criminal Appeal in Britain empowers the Home Secretary, if he has reason to doubt the justice of a conviction, to refer the case to that Court for rehearing. The -clause is rarely invoked, tout it has just availed to remedy a singular miscarriage of justice. John Binney was sentenced last July to seven years’ penal servitude for demanding money with menaces from the manageress of a Derbyshire hotel. He had been singled out in an identification parade as having visited the hotel just before the first of the -threatening letters was received. Ilis home was in Sheffield, where the letters were postmarked. Handwriting experts found strong similarity between his writing and ‘that of tiie letters, lie admitted that the name “Aix les Bains” had stuck in his memory, and unfortunately for him it occurred in the letters.

On evidence of this sort the jury found him guilty. He protested his innocence,'but was refused last August leave to appeal. He might still he serving his sentence but for the fact that the real culprits continued their threats. His petition to appeal had hardly been dismissed when a further threatening letter was received with which he could obviously have had nothing lo do. That was nine months ago, hut the law is slow to retrace its steps. Additional letters this spring decided the mailer. The Grown on Wednesday admit Led its error and Binney’s conviction was quashed.

Some Famous Cases.

The case recalls some famous predecessors in which mistaken identity caused grave injustice—that of E-dalji, for instance, who in 1908 was sentenced lb seven years’ imprisonment for maiming horses. The verdict was reversed four years later as Hie result of a special commission of inquiry set up largely through llie efforts of Sir Arlliur Gonan Doyle. Or there was (lie astonishing case of Adolph Beck, who between 1896 and 1904 was twice arrested and Iwioo convicted of crimes with which lie had nothing whatever -to do and who might never have secured the quashing of his convictions, the heavy compensation paid -to him. and his complete cxoneration by a special commission had not the real criminal happened to be arrested before Beck served his second sentence.

The chance of redress in such cases has been greatly improved by the setting up of llie Court of Criminal. Appeal, hut the present case is a strong reminder of llie necessity for bringing the closest scrutiny to hear upon evidence Iha I purporls lo establish idenlily, whether by appearance or by handwriting.

Unemployment Tax.—" The unemployment lax was originally instituted In fill half-einply stomachs, hill now it is being (liveried 1,0 oilier purposes, such as llie construction of huge city buildings, and this seems lo me lo he allege!1 lit1 it wrong," said Councillor A. C. Bussell, chairman of the Waipukurau County Council, at Saturday's meeting', stales Die .Napier Daily Telegraph. The speaker went on lo in - slaiu-e Ihe Napier Harbour Board receiving a subsidy of £60,(101), yet llie speaker was convinced that I ho. work could be carried out whether Iliere was a subsidy or nol. He. considered i! wrong lo swcal llie lax out of those earning low wages and spend It nn such undertakings. “If a counli-y lias lo live on subsidy it is not a country of much aeeoiinlsaid Councillor Bussell. "Wo will never get rid of Ihc lax if it is lo be used for these purposes,"