APPEAL.

Auckland Star, Volume LXVIII, Issue 160, 8 July 1937, Page 8

APPEAL.

CONSTABLE'S CASE., 1 ■—■—• FOUND ON PREMISES. S.M. TO ANSWER QUESTIONS. ' ii'ivloti'il of hoin-g- found oa the !i i-.-l j.remisoa of tin , Flikurangi llnJil wlicn sikli proti 1 ir-o- wore ro([iiirod liy 1: , , , . ;j-> he <']n-i><T, TonstaMo !'. :iii-: - iiM'Ni'd h\ ilu , Suproiuc Court ■ '<■'. >•• d> hnvc llll' case rcfeiTod i.i-'. ■•• tin- ma-jrintrati , for restating. Mr. irlmitior apptarcd for (ho appiM- ! n'.i ;ii:.l Mr. V. U. .Moroditli i«v the pnli >>. The npplitatioil was heard by Mr. .li!~tice Kced and was coniined to i 1 ar^niuiont. Guest of Licensee? At-. Trimnior r-aid the action was an .ippt'.-il against a decision pivcn liy ~Slv. \l>i. ii-. S.M.. in the Mapir*trati'"rt Court, W'lanrxarei. .111 December l«i. 103 ii. On \m\i"i'lji:r -_'l nf the .-ante year Constable ihitlcr was found on the licen.-ed l>: i'*nic-o-s ,if the ilikiiranr;i Hotel at 0.25 p.m.. n rime when such premises were required liy law to lie closed. At the lime there were also in the bar the lieeiic-ee. Cadiiian, and three others named Steele. Neil ami Seott. Proseciltioiici were hroujrht ami Constalile Butler was convifti'd and lined £1 and costs. riu , evidence showed ihat when the sergeant of jiolice entered tliere were live f;la*se>s of liquor on the counter, but tJiere was no evidence of payment. Jits Honor: The defence, of course, is that the constable was the guest of the licensee. Mr. Trimmer said that was so. The magistrate stated that the explanation tendered by the defendant (Butler) was not satisfactory, but it was. now submitted that the magistrate was influenced by o vide nee piven by the licensee, evidence which was not given in the t'ftsp apainet the constabk. The constable had himself given evidence that he had jrone to the hotel on police business. While there the licensee had remarked that the constable was not looking well, and on learning he had had very little sleep the previous night, because of a sick daughter, the licensee invited the constable to have a drink. Prima Facie Case Made Out. His Honor remarked that he had perused the affidavits and a newspaper cutting and thought the appellAnt had made out a prima facie case. He thought the magistrate should be asked to state whether, in coming to a decision in the case against the appellant, he had been influenced by the evidence, given by the licensee Cadman. It was quite clear he was not entitled to use evidence he lad heard in other cases in convicting the defendant. Mr. Meredith acreed that this would be the satisfactory couree. Hi.s Honor said he would give a judgment and memorandum setting out the questions the magistrate should answer. The magistrate would be a>s-ked whether he was influenced by the evidence given by Cadman, or any other evidence not given in the case against the constable. In the meantime the appeal would be adjourned sine die. .