Knowledge Of Falsity Of Verdict Should Overcome A Juryman's Timidity
"In the view of the Court, where a juror has In the jury room dissented from a verdict of murder and then hears that verdict delivered by the foreman as the unanimous yerdiet of the jury, the knowledge of the falsity of that verdiet and of its terrible consequences should be sufficient to overcome the very greatest timidity.
These remarks were contained in the judgment of the Full Court comprising Mr. Justice T. J. Gould. (Puisne Judge) and Mr. Justice J. Reynolds (Acting Additional Judge), dis- missing the application for directions that affidavits be taken from certain members of the jury which returned a verdict of "Guilty of Murder" in the case of Lam Kui and Chung Kai.
jurors to prove what discussions took place in the jury box or in the jury rom. it was further based upon the proposition that when a verdlet is delivered in the sight and hearing of all the Jury without protest their snuent conclusively inferted The minde arguendo, suggestion was
sit do not seem to have been Mecided that if Juror was dia qualified by Low the objection
144
THE CHUNA MAIL, FRIDAY, FEBRUARY 20, 1048.
Hainan POW Full Court Appeal Camp Trial Dismissed
dale of the agreement,
A legal argument nato An appeal to the Full Court against the decision whether six of the 17 alleged
of Mr. Justice T. J. Gould (Puisne Judge); Japanese war criminals in trial before No. 1 Austynlign
confirming substantially the decision of a Wor Crimes Court for mistreating
Tenancy Tribunal refusing an order against Australian Aust Dutch Hainan the respondent for possession of part of 155 Camp POW's and causing the Connaught Road Central, Ground Floor, was death of some 150, bu a enge dismissed yesterday. to answer
featured the re
| The Full Court comprised. Mr.¿tion; he opening of the Court
was not therefore,. after af Justice E. H. Williams (Chlef} linble to eviction under the Pro- week's recess, at Kowloon City, Justice) and Mr. Justice J. clamation which had come into yesterday.
Reynolds (Acting Additional operation shortly before the Defence Cingel dista Enarte | Julge), with Majur J. Soster sitting as The Hon. Mr. Len d'Almada "In November, 1945, he had Advisory Office, argued that
« Castro, K.C.. instructed by Mr. gone by the experise of provid. "Friendly Fred inter Haneful A.S.C. Comber of Mesyrs. ing electric and other fiting.
Tamaki Harry Tajima
Hastings & Co. appeared for When appellant returned to the buve 1122 rould
after five others not be entertained
case for the appellant. Ng Wan, pro-Colony at the end of 1945 and Överdict.
their
prietor of Sang Kee.
obtain Lordships answer,
The sought to
the tenaney, The Court, composer af 14espondent, So Yim, appeared the respondent ngered with all the grounds of
was in a rela this decklon
Col. they would have
H. G Gumus. 180, ED in person.
dvely strong position to bar. bul tr consider whether, Hot-President), Itz Col. J. T. Bork | At the hearing of the appen? xain though it is true his finan withstanding the lack of ppos). | Gludge Advocate) sooth Majer on Jan. 29, it was argued by al circumstanera were not
They N. Met'leod and Lt prosecution,
Cagler || Mr. d'Almada that on the facts then good. Be did not require Lam Kui and Chung Kal, who of one of the Jurors that he in would have interfered with the gifting as members, heard the ng common law and under the the whole of the promises for
the High Court at Prosecution Deteras at gumen Proclamation, the were sentenced to death by Mr. turn had information than his derision of
position of his business. It is then reason- Paton Wilkums (Chief bråtter that the verdict of mur
Tut with the greatest | over this issue throughout the
The responntent, having relin. able to suppose that he would Nov 20,
U verder turned at the trial against respect for the learned imembers | day,
quished the tenaney, was no have consented to any nerange The dict guilty long returned by tw the appellants was not of the Court of Crlinius) Appeal.}
proceedings, which be
better than that of a Hernsee. ment whereby his position us accept the gan on Jan. 6, wear adjourned the jury of the end of their triat unanimous and that three of the they are unable to
in the course of his judg ah vectigant (using this word to Be at jurors and Interviewed the trial
for this decision to today when the for the murder
Chat with yment, with reasons given
which Mr. Justice Cover terant, salkennnt Secund Strett
May 25 mm Judge la Chambers tamediately
The question whether a jurer is astoainee HA fing whelle Willan said:
licensee) became any the leas appending against the sentence.
after the trial with regard to the competing for physical or other
"It is achailtedly true that secure than that of the appel Mr. A. J, Chlord appeared for fverdicts, This uf
is reasons to understand the prus
Certain statements contained in lant? The Defener will then open the Notes and Further Notes the Crown, while Lam Kut and doubly hearsay and little atten.ceedings is not a question which
"This Court is not prepared to Invades Chung Kai were represented by
the privacy of the dis fun could be paid to it were it
its ease.
appear to enillet with the Tri. disturb the general finding of the Hon. Mr. Tem d'Almada nut for the fact that u reportssions in the Jury box or in
bunal's findings that the respon. the Tribanat that respondent Castro, K.C instructed by Mr.from learned trial judge the refiring ruơm."
dent became a eu tenant. Had bad agreed to his status being M. A. da Suv
und later; under Rule 14 of The Criminal
The wise come before this Court altered from that of principas, in appeal from the decision, tenant to that of co-tenant,
y of a magistrale or other person with legal qualification
Justice E. Justice),
suid:
JI.
COUPER
which is Court ennfrms.
tron by the
In the e way of his jalgsient; | Appeal Hules, 1933,
Skuilarly their Lordships are unable to nerept The view thest with which Mr. Justice Reynolds | svaltable to the ennetzernd Mr. Justler Gould that shortly after the conclusionPresumption of assent by all the Jors to a verdict given in their presegice in dective of, or indeed relevant to, the question, The problem is5 whether the assent so given or mferred is of a com [petent jurur, that is, in such
raps the
present not so l capacitated fron understanding the proceedings ag to be unabl to give true verdict ace ring to the evidence, The objection
affidavits be taken from vertaju member of the jury which re turned the verdiet, Bus stahijeet · f The reason the present uppitud.
of the case three members of the "In this application the Court | Jury did sou hieu and oftes has been asked direct that them said Mr Pausch
really not agreed to the verdiet of murder only L one of manslaughter, 11 des 01 appear from the report ht the Juror elaimed god to have heard the verde, me Chid he suffered
WHY lack of congetransce as a juror The Court heard argument (1 The present states of the law on The quedin as affreted by the decision of the Judicial Communit | tee of the Privy Council in 1933 in the case at Ras Behari Lal,
give for bringing the applivation at the stuge is that it may suve
and jenseiterat a Jurther
of the appeal which has already been unduly postponed and which Is act down for hearing text week For authority for bringing the application, enunsel refund uputi Ex parte Murris 72 J.P. 5 and Ras Behari Lai, 10% L.1.1.C. 144 "The geds upon which the Court is mvited to give the bes quired dirvetban are contained 20
by a juror
Main Interest
+4
ok that he did not astent to The verdet, but that he so as sented with ut being qualified to assent.
the
abawer
R
A
ACTED ON AN IMPULSE
1
He acted on the use of the moment and stel, the set of carpenter, boobs,
vakerf
Distinction
"With regard to the submission and experience in a case where of Counsel for the appellant Full notes were taken $100, 15-year old nacmployed art might consider that it agreement was not to pay any this that, res reapudent under the
11 at
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