1948-02-20 — Page 3

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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