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for perjury had from the Bench made several observations reflecting Mr Pannefate's Conduct as Attorney General because he did not as a matter of duty, if not of Law, institute and conduct all prosecutions.
This point, as Your Lordship is aware, had been already referred to the Law Officers of the Crown, whose
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opinion is to the effect that the Attorney General of this Colony is not called upon to conduct all Prosecutions, and that Prosecutions may be instituted by private persons represented by their Attorney and Counsel.
Mr Pannefate adds that a Copy of Your Lordship's despatch in reference to this question, which is recorded in the Court, had been shown to Mr Smale by the Registrar, and further that Mr. Smale had stated to him, Mr Pannefate, that the case in question was a very fit one for a private prosecution. Under these circumstances it is not surprising that Mr Pannefate should express himself much hurt at a repetition of these public attacks by the Chief Justice on him in relation to the discharge of his official duties, for which he is certainly not responsible to Mr. Smale and especially upon a point which had been already disposed of by Your Lordship and