NO EVIDENCE!

Bay of Plenty Beacon, Volume 5, Issue 47, 1 May 1942, Page 5

NO EVIDENCE!

TRANSPORT BOARD'S POSITION

LAPSE OF ENQUIRY

The complete absence of evidence to back up the allegations of the Whakatane County Council regarding the trafficking of liquor to Maoris, was strongly criticised , at the sitting of the No. 1 Transport Licensing Authority in Whakatane last Wednesday. The chairman, Mr J. Phelan, declared that the remedy was largely in the council's hands as the local authority issuing the licenses in the first place, and that the Board had ! no power to interfere with any individual drivers unless evidence was submitted to it. "I have received instructions from Wellington," said Mr Phelan, "to investigate this complaint laid by the'local body very much responsible for the granting of the licenses. I Avant to stale that the board can only deal with a review of censes when it has the right to 1 do so. Either direct evidence is submitted or police action has been taken and then we can consider whether or not the license should be withdrawn. We are mereh r here to consider the granting of licenses not to administer them. You do not ask a magistrate to go out on the street and arrest drunks! A Blanket Accusation Mr B. S. Barry who represented the joint taxi drivers cited in the agenda, said the blanket accusation made by the council against innocent and guilty alike was very strongly resented. No individuals were mentioned and if it Avas fair to accuse all taxi drivers it was fair to include all car drivers. It Avas counter to one of the foremost principles of British justice. It was not for the accused to come forward and proA'e their innocence in the absence of evidence —It Avas ridiculous. The council made the accusation —it AAas therefore up to it to support it. Mr Phelan: "I Avant to know first how these offences have been committed and when before I can consider suspending any license. I am prepared to assist any local body, particularly in connection with renewals. At present we have a gentleman's agreement Avith drivers regarding this question and in very few instances has this ever been broken. I aaouUl not like operators to think that avc came along here ready toi condemn them before they j have been found guilty. Warning Issued At tihe same time I feel I must ■warn operators that they must discontinue carrying liquor to Natives. This unfortunately has been proved in the past and I Issue this warning , again. We have had this protest from a local body but I repeait that a man must be found guilty before we can consider cancelling his license.' r The letter from the council (details of Avhich appeared in Wednesday's issue) -Avas then read. "A long Avay of saying nothing," rejoined Mr Barry. Concluding, Mr Phelan said he appealed to all drivers present to help the authority by observing the tener of the license and to assist by seeing that the Avork Avas carried out cleanly and decently. There wou-tl be no enquiry. In answer'to a question Inspector DelA 7 es said that he had received no complaints or individual accusations. Constable Thomasson added that the police had received occasional complaints but on making enquiries there had been no direct evidence upon which to AA'ork. It Avas some twelve months since a taxi driver had been charged and he considered the position had improA r ed.