HERBALIST FACES GRAVE CHARGE

NZ Truth, Issue 1294, 25 September 1930, Page 2

HERBALIST FACES GRAVE CHARGE

POLICE ALLEGE SALAMAN TREATED CHILD WHO DIED

SOME HEATED COURT EXCHANGES

(From N.Z. Truth's" New -Plymouth Representative)

There were some heated exchanges between Mr. A. A., Bennett, counsel for Abraham Wally Mahomed Salaman, herbalist of New Plymouth and formerly carrying on business m Auckland, and Inspector Fraser, when the Indian herb dispenser appeared before Mr. R. W. Tate, S.M., charged with the manslaughter of Lyall Gordon Christie, a child aged six and a-half years. Counsel alleged unfair police methods calculated to prejudice his client, but his statements received an emphatic denial by the', prosecuting officer. , . '

A" DOZEN or more patrons of New Plymouth's Indian herbalist were disappointed recently when their j attendance at Salaman's rooms m Gill Street was interrupted- by the .arrival of Detective Meiklejohn, Sergeant McGregor and Constable Palmer with a seaVch warrant. The sequel to the visit, was Salaman's arrest on a charge of alleged manslaughter, other charges also being preferred against him. The search warrant yielded three lorry loads of property, including herbs and chemicals which the police say Salanjan used m the course of his business. . The main charge against Salaman was: ' "That between July 30 and August 2, 1930, at New Plymouth, being an unregistered medical practitioner, he did m attending to and prescribing for one Lyall Gordon Christie fail to use competent skill, and by improper medical treatment unlawfully accelerated the death of Christie, thereby committing the crime of manslaughter." The child, Lyall- Gordon Christie, and its parents resided at Fordell, near Wanganui. Prior to its death, on Sep-

tember 2 last, his parents had allegedly consulted Salaman m New Plymouth concerning its state of health. Inspector Fraser asked for a fixture so that the whole matter might be dealt with. Other charges were pending that could be dealt with summarily if Mr, Bennett agreed. Mr. Bennett: 1 have not seen the charges, but it is unlikely I would agree to that. It was - suggested that a day might be fixed for the hearing of the major charge and another for the summary charges. September 29 and 30 were fixed. . . A complaint, was then made by counsel about the amount of the bail' fixed before justices when Salaman was formally charged after arrest. He ( asked .whether the high amount fixed had been necessary. ' Had counsel, been present he. would have suggested a personal surety of £250 and two others of £125 each. Instead bail had .been double those figures. . Counsel said bail was forthcoming and could be extended if necessary. The inspector asked the court to impose a condition of bail that Salaman should undertake not to carry oh his business m the meantime. "I say that ; is a most improper application to make/ declared counsel. "Nothing has been' proved wrong with his business. It is for the rol ice to prove that. I should say he will take the advice of counsel on that point." Inspector. Fraser: Very well, I shall object to bail being granted. , Mr. Tate, S.M.: Is he m a posi- ; tion to carry on his business? Counsel conferred with Salaman and replied that he did not think Salaman was m a position to carry on because he understood that the police had taken everything away. .; The Magistrate: Then the better way would be to leave it as it is. There is no need to. complicate matters. Mr. Bennett said he was prepared to give an undertaking that Salaman would not carry on his business be"tween then and September 29 and 30. "Then that will be . satisfactory," said, the inspector. "There are one or two matters," said Mr. Bennett, "that -I consider it my duty to mention, at the earliest possible moment. This man is entitled to fair ■ play m accordance with, the traditions of British justice and to an impartial hearing at his trial. This request to prevent him carrying on business is only one of the things calculated to prejudice him at his trial." Without reflecting upon the officers of the court, counsel contended that there .already had been improper and unfair comment tending to prejudice Salaman. He referred to a. report of a local paper of Friday and the statement: "The child ■whose death was , the subject of the major charge had been receiving treatment from the : herbalist shortly before he died." Such a statement, counsel contended, was wrong and harmful to Salaman. Part of Salaman's defence would, be that he did not treat the boy, and the police still had to prove that. ' . ' ••.••■ "I should like to say now," interjected Inspector Fraser with some heat, "that we did not give that information to the paper. The police are not responsible for what appears m the papers." Mr. Bennett: Don't get excited. I ididn't say you did; but I don't care the information cam§ from.

The magistrate said that Press comments might be harmful, as the Chief Justice had said. However, those things were quite irrelevant to the prer sent' question before the court. In any case he did not think .the police were responsible for what appeared m the paper.'.' "No, sir! But I do say that they are responsible' for my next complaint," retorted counsel. I "Notwithstanding that Inspector Fraser knew that Mr. Hine was watch-, ing Salaman's interests during,. my absence from town, and Mr. Hine had been given to understand that Salaman would not be brought before the court until the search of his premises 'was completed, the inspector brought Salaman before a justice of the peace at 10.30 a.m. ' "That was notwithstanding the inspector knew that Mr. Hine was engaged at Salaman's ..house on the case and could not be present: . , j "But," continued Mr. Bennett, "he 1 has Salaman brought here and dealt with and bail fixed, m the absence of counsel, at' a much higher sum than it was understood would be required. He knew neither Mr. Hine nor myself could be present." Detective Meiklejohn, counsel continued,, had suggested that a bond ot £250 would be, sufficient, but the, inspector had been a party to making it £500. The Inspector:, Who's been a party to, that? That is a matter m the discretion of the court! His Worship: If this is a statement of your client's grievances m order to get publicity, it is almost the same as the Press comment you have complained about. What do you want me to do? ■-" 1 It was a complaint, said Mr. Bennett, not only about the treatment accorded his client, but also about the treatment accorded his firm by the police. . : • . Inspector Fraser: I never gave Mr. Hine anyi such . undertaking as _ you suggest. What you aay is a lie! Mr. Bennett: I know whose word I would take m this mat iter. Inspector Fraser: Then this is not the place to raise such things. . Mr. Bennett: It will be raised m another place and you will writhe more then than now! Former bail was renewed when the smoke cleared away, and the curtain was lowered on the scene until September 29. .