As the Criminal Court had yet to be reformed he thought it worth while to press his former suggestions, and to point out inconveniences that might yet be removed. Of these the chief was the establishment of two courts of concurrent jurisdiction.[1] The division of duties between the Chief Judge and Judge-Advocate altogether was confusing, for the former had civil, ecclesiastical and equity, the latter criminal, admiralty and civil jurisdiction. A minor difficulty arose from the fact that the two civil courts would have to sit at the same time, thus requiring two court-rooms and the attendance of four "of the most respectable inhabitants of the Colony".[2] He was strongly in favour of substituting an assistant judge for these members of the court, who found attendance a burden and were of little assistance to the judge.[3] They were, indeed, either nonentities or obstructionists. Their lack of legal knowledge placed them at a fatal disadvantage when they disagreed with the judge, with the result that they gave an easy assent to his decisions, or if they persisted in opposition found themselves reduced to mere obstinate reiteration.[4]
Bent repeated his recommendations for trial by jury in criminal cases, and thought that grand juries also might be introduced. As, however, there were not more than forty persons for this duty, he suggested as a more convenient method the practice followed in Scotland of trying cases on information filed ex-officio by law officers of the Crown.
The provision made for Van Diemen's Land he considered utterly inadequate.
There was one very disquieting feature in this letter. In 1811 the Judge-Advocate had pointed out that under the commission he held difficulties might arise between the executive and judiciary. In 1814 he made it equally clear that those difficulties had arisen. At the beginning of the year Macquarie and the Judge-Advocate had ceased to be on terms of personal
- ↑ He suggested that a better principle of division might be founded on the nature of the relief sought.
- ↑ Bent to Bathurst, 14th October, 1814. R.O., MS.
- ↑ See also letter of 19th October, 1811. H.R., VII.
- ↑ See, e.g., J. H. Bent's description of Riley and Broughton. Letter to Lord Bathurst, 1st July, 1815. R.O., MS.
