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Criminal case, upon each subheading of the charge?

The net result would have of course been

the same as a finding of guilty upon anyone subheading based

on lawful evidence would be sufficient to justify a recommenda-

tion of dismissal.

I submit that the Council was sitting

not as a Criminal Court but as a deliberative body and that the

procedure to be followed in such cases is that of a Committee of

Council like the Judicial Committee of His Majesty's Privy

Council.

As in the Privy Council, the judgment takes

the form of a report and a recommendation and I venture to submit that the procedure followed by the Chairman in putting the

question upon the whole charge was not only wholly unobjection-

able but actually correct and regular, and that the conclusion

arrived at was the right and proper one under the circumstances.

As to the form of the notes of evidence,

I may point out that being taken verbatim by a stenographer they include of course everything that was said whether relevant or irrelevant and are quite unlike the notes taken by e.g. a Police Magistrate wherein only admissible evidence should be recorded.

These notes however were not before the

Council when it came to its decision and, as I have indicated

above, Members were fully aware that statements of payments made by a third party were not evidence against Ward when they made

their recommendation.

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2nd. March, 1907.

Der Jew

(S1.) H. H. J. Gompertz,

Acting Attorney-General.

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