THE WORKMAN SATURDAY DECEMBER 29, 1928 PAGE THREE TRINIDAD Procedure in Magistrate Court Open the The British Pharmacy COLON Way to DANGEROUS PRACTICE DISCOURAGED FREEDOM IS NOW LOCATED AT Under the above captions the Guardian of the 8th inst reports the following:The Court of Appeal expressed disapproval of a practice which was 11. 1154 11th STREET Corner Building Opposite CHASE NATIONAL BANK Where our customers will receive the usual courtesies in Magistrates Courts. This expression of disapproval was given in the matter of Roberts Jones which was an appeal from a decision of Mr. Meaden, Magistrate of Tobago.
The matter came on before the Court of Appeal on the 20th Novemher and Mr. Scipio Pollard who appeared for the appellant raised a preliminary objection as to the procedure adopted by the Magistrate of Tobago on a retrial ordered by the Court of Appeal.
The irregular procedure complaineu of by ounsel was that the Magistrate simply put the witness in the box and read over to them the regardede as dangerous if adopted Open a savings account today and you will take your first step toward independence. No man is really free unless he is in a position to act unhampered by financial needs. savings account cuts the ropes that bind a man and permits him to walk freely and act freely when his opportunity arrives. Open your way to independence, to freedom, to happiness. start an account today evidence given on the previous ocwith us at 49 per annum.
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The matter was called on Tuesday and the Chief Justice giving his decision said personally he was of opin ion that it would be going too far to say that the Magistrate wrong in law in the course he took.
It was legally possible to do what he did, viz. to read over to the witnesses their evidence and then to allow fresh questions. While could not say that technically the Magistrate was wrong he certainly thought it was where a case was sent back to a Magistrate for rehearing a most dangerous practice and one that ought not to be encouraged, particularly in a case like this where there was a suggestion that there might have been conspiraey between the witnesses and to use a vulgarism that the case was faked, It was quite enough to say that it was a practice to be discouraged.
What he would suggest was that without going further into the merits of the appeal the case should be sent back to the Magistrate with the strictest instructions that could not possibly be misunderstood that the evidence was to be taken orally ab ignitio. And while it was not within their power to include in their order the trial by a different Magistrate still they would add that recommendation that if possible it should be tried by a different Magistrate; net from any distrust of the Magistrnte who tried it, but so that it might go before a man to whom it weuld be entirely new.
Sir George Walton agreed with the judgement of the learned President.
He agreed that the reading over of evidence was not illegal but from the authorites it was not a practice to be encouraged. In this case he did not think they got what they had in mind when the matter was remitted to the Magistrate and while be fanci ed it must be weariness of the flesh to go over the evidence still when it came to a matter of justice one could not take too much pains to see that justice was done. The Magistrate had already been worried with the matter twice and he agreed with the suggestion that if possible a different Magistrate should hear it.
The Order of the Court was that the case be remitted to the Magistrate Court, Tobago, for complete rehearing; the evidence each witness to be taken orally and afresh.
Leave to either side to call such or ary additional evidence.
While not forming part of the Order, the Court recommended that the case on its rehearing as ordered should be heard by a different Magistrate.
Mr. Pollard undertook to petition the Governor for the appointment of another Magistrate to hear the case.
It was agreed that no application be made now or hereafter with respect to costs.
Mr. Perez appeared for the respondent.
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