CO129-333 - Governor Nathan - 1906 [1-4] — Page 109

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Opinion of Sir Henry Berkeley.

Hon. Colonial Secretary,

CO

0614

RECO

&

the 12 MAR 06

107

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I have discussed this matter with the

Crown Solicitor a minute from whom is attached.

In my opinion no change from the present

tribunal for hearing appeals from Magistrates is needed or

justifiable. To give effect to Mr. Stephens's suggestion would

be to substitute an inferior for a superior tribunal, and to

deprive parties to proceedings before Magistrates of the right,

and the great advantage they at present possess of appealing to

the highest legal tribunal of the Colony. 1 do not think we

should be justified in doing that. Even were another Appesi

Court constituted the procedure on appeal could hardly be made

simpler than it is at present; and however simple a procedure

may be laid down there will always be technical objections

caused by the failure of parties to comply therewith constitu-

-ting what Mr. Stephens describes as a "technical flaw". There

must be some rules of procedure however simple and those rules

must be complied with or confusion would result, As there will

always be found persons who will neglect to comply with such

rules however simple there will always under any system be some

who will take advantage of the "technical flaw" involved.

With respect to the question of expense

in the matter of an appeal to the Supreme Court, it is to be

conceded that to be effective the right of appeal should be

capable of being exercised cheaply as well as simply.

In that regard I agree with the Crown

Solicitor that there need not, and therefore i say that there

should not, be any undue expense under the existing system of abpealing