CO129-475 - Governor Sir Stubbs & Acting Governor Claud Severn - 1922 [5-7] — Page 133

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Wednesday 22nd March 1922.

A.G. states he has just been given important information from a

gentleman who claims to be an eye-witness and asks permission

to call him now.

Kenkin.

There is no case where new evidence is admitted after the

close of the Crown's case. The A.G. might call evidence at

any stage after my evidence has been called. It is contrary

to established practice and a fortiori in a murder case.

A.G. I don't know of any case where the Court has refused to re-

ceive fresh evidence.

Rebutting evidence Archbold 199, R. v. Haynes.

Any witness may be called to rebut case for defence.

The Court will call him in the intereat of justice.

Jenkin. Criminal Procedure Ordinance 1899 Sec. 78. Court might

admit the evidence but will reserve the point for the Full

Court hereafter.

A.G. If any prejudice adjourn to give time for consideration.

Prisoner will then be in the same position as if the evidence

had been tendered at the beginning of the trial.

Jenkin. What A.G. says must affect the jury. If the Court will not

reserve it then the jury had better hear the evidence,

Court will not reserve the point but expresses a wish to confer

with Gompertz J. on the point forthwith as to whether the

evidence should be admitted and to allow the jury to retire

for a short time. Court adds that in view of the fact that it

may now, after consideration, rule out the evidence it objects

to refer it without consideration to the Full Court, as if the

Jury convicted and the Full Court hereafter rejected the

evidence it may be a loophole for quashing the conviction

whereas if the evidence is not admitted the jury may convict

without the additional evidence,

Jenkin says he will then offer no further objection to the

admission of the evidence.

Douglas Molyneux Larkins.

Assistant to Reiss & Co. Queen's Building. Our offices face

the Statue Square. On 24th February at about 11.45 I was sitting

Calls