POLICE HONOUR.

Press, Volume LXII, Issue 18625, 25 February 1926, Page 5

POLICE HONOUR.

BARRISTER'S ATTACK. LICENSING CASE DISMISSED. Mr E. Twynehara, a well-known Christcliureh solicitor, attacked tlie honour of the Christcliureh Police Porte in the Lower Court late yesterday afternoon, when ho declared that, ill trying a licensing case, the police had "created a precedent almost unparalleled, and the good name of the whole Force has been tarnished by it!" This statement was made after the evidence for the police had been given in the case in which Edward o'Sullivan, licensee of the Star Hotel, Addingtoii, denied a charge of having sold liquor to William Miller and John Coutes while they were in a stato of intoxication, and in which tho hotel barman, John Francis Barry, pleaded not guilty to having supplied liquor to Miller and Coutes. "Forced to Make Observations." "Before I open tho 'caso for tho defence, I am reluctantly forced to make certain observations reflecting upon the conduct of tho police in bringing the present charges," said Mr Twyneham, who appeared for the defendants. "In tho first place, both tho Superintendent of Police and tho Inspector have full notice of what I intend to say. It is too mild to say the cases should never have been brought before tho Court. I say instead that the action of the police is one which must bring discredit upon tho wholo Polico Force. Some weeks ago Miller and Coutes were brought before this Court, tho former on a charge of being drunk while in control of a motor-car, and tho latter for drunkenness. These men wore -rrested outsido the< Star Hotel at Addington shortly after six p.m. Miller pleaded not guilty, and prior to tho hearing of tho case the police waited upon Mrs 0 'Sullivan, the licensee's wife, and on Barry, tho barman at the Star Hotel, and both theso people came voluntarily to tho Court and gave ovidence on behalf of the police, Barry to say that he served Coutes and Miller with drinks, but on turning to hand them their change he noticed their insobriety, and snatched the drinks away from them. Mrs 0 'Sullivan was called, and said that after being refused by Barry thoy attempted to get drink from her, and having no doubt about their condition, she point blank refused to supply; theroforo the defendants in this case were witnesses for the Crown in tho previous case.

i Police Code of Honour. I "Lawyers throughout tho City have for a long time known and been proud of the codo of honour observed by police officials —they know quite well that if a client comes to thew and tells them that ho is called as a witness for the Crown, and that ho may have to give evidence which may in.somo degree incriminate himself, wo havo always been able to toll our clients that, notwithstanding the fact that the police always refused to give any indemnity to a witness, we have never yet known a case whero the polico have aftorwards assailed a»witnoss upon whom they have relied, notwithstanding that ho may havo incriminated himself by his evideuco given at tho previous case. "I would be sorry to think that a revision of our policy in the future will become necessary. I prefer to assumo that the action of tho police has been taken through inadvertence. Apparently, they had not the wit to foresco the position in which they would be placed. A week or two ago they came to tho Court and asked the Court to beiiovo that Barry and Mrs O'Sullivan were telling tho truth. If the ovidence they gavo on that occasion was correct, then they had committed no offence, and should never have been brought to Court. The Sub-Inspector (Mr J, M. Mathcw) now asked the Court to find that tho witnesses upon whom he relied in the case against Miller were liars, although they were then put forward by him as witnesses of truth. They should not be discredited in order that he should obtain a conviction.

Counsel's Duty. "It is with great regret that I make these observations, but I should bo failing in my duty to the Court, to the profession, and to the general public if I had left them unsaid. I feel strongly that the police have, in trying this case, created a precedent almost without parallel, and tho good name of tho Whole Forco has been tarnished. I would ask that the caso be dismissed." "Do you think there is a case for them to answer?" asked the presiding Magistrate, Mr H. A. Young, of the police prosecutor. "Yes, I do," Sub-Inspector Mathcw replied. "Very well," said his Worship, "perhaps I'd better hear Barry's evidence." In the witness-bos Barry denied the charge levelled against him, "The case is dismissed," said the Magistrate.