POLICE METHODS CRITICISED.

Press, Volume LXV, Issue 19691, 7 August 1929, Page 8

POLICE METHODS CRITICISED.

COMMENTS BY MR C. S. THOMAS. MOTORIST CHARGED ITH DRUNKENNESS. Comments on police methods wore made bv Mr C. S. Thomas in the Magistrate's Court yesterday before Mr E. C. Levvey, S.M., when Walter Burgess Kimber., aged <34. stock agent, of Springstou, was charged with being in a state of intoxication while in charge of a motor-car-in Moorhouse avenue. \ccused was represented by Mr Thomas, who' at lirst put in a plea oi not guilty, which ho subsequently altered. . Sub-Inspector OHara said thai, tae accused had 'been driving slowly down Moorhouso avenue at 0.15 a.m. yesterdav and had. endeavoured to turn mto Antigua street. Ho was moving from one side of'the road to another, and in turning into Antigua street he cut the corner and drove over a channel, bursting a tyre. A eonstcible overtook him on a bicycle and questioned him, asking the accused where he was. Bealey avenue." was accused's reply, what time he thought it was the accused had said it was about 5 p.m. There was not the slightest doubt that he was in a state of intoxication. Constable Chibnall said that the accused smelt very strongly of liquor, his eyes were bloodshot, ,and he was \ery talkative. Witness had no doubt in his mind as to his condition. In answer to Mr Thomas, witness said that when the accused was brought to the Btation he wanted to see Detective Mayne, who was in bed. Mr Thomas: When Kimber asked for the telephone didn't you ask him whom he wanted to ring up? Witness said it was not customary to let arrested people use the telephone. Mr Thomas said that there had been cases lately in which the police had thought men were drunk when they were not. Kimbet should at least have been asked whom he wanted to ring up. T Evidence was given by Constable J. Connor, who wa; at the station when the accused was brought in. Accused, witness said, was in such a state that he would have been arrested for drunkenness. To Mr Thomas: Accused asked to see Mr Fleetwood and Mr Maling, and he also asked for the use of the telephone. "Were any of these requests answered?" asked counsel. Witness: No. Asked why, witness said that a prisoner was not allowed to use the telephone. If a man asked to communicate with his friends he would not be allowed to do so in every ease. The Magistrate: If he had asked to see Mr Thomas what would voti have done? _ r Witness: I would have rung up Mr Thomas. Why not Mr Maling?—He asked for bail and was not in a fit state to get bail. Mr Thomas: Do you think you have a right, when a man is thoroughly drunk, not to ring for a man he asks for? Witness: Yes, I think so. It is a fact that this man asked for different people and you refused him the use of a telephone? —Yes. The Sub-Inspector:' If he had asked for a doctor what would you have done? Witness: I would immediately have rung for a doctor. After withdrawing the plea of not guilty and substituting one of guilty, Mr Thomas said that the accused was a very well-known man, and a reputable stock agent, having lived in the district all his life. On Monday a friend of his lost his wife and he went to' the funeral. After the funeral his friend wanted to buy some horses, and they went out to Springston and had one or two stouts. Accused had no dinner and ame back to the house where the funeral was. About 10 o'clock a friend wanted to go home and accused drove him to Sydenham, and returned to the house. He had a couple of whiskies there and later left to go to where he was staying. To say that he was drunk was not true, and the worst that could be said of him was that his control had been affected by the liquor ' j had had. Antigua street was a narrow street, and he did not take a wide enough turn. "I think it is absolutely wrong when a man goes to the police station and asks for a certain person that the sergeant should be the man to say whether that request is to be met," Mr Thomas added. "That should not be, and it is time some fresh instructions were given at the police station. Otherwise we will find inexperienced constables locking up men when they are sober and leaving them in the cells." He quoted a case that was heard some weeks ago, in which he claimed there were similar features. "Fortunately this man's friends followed him to the station," Mr Thomas said, "and brought their own doctor, who was able to say that the man was not drunk. If that sort of thing is going on it is not to be tolerated at all.' We'admit that the accused had had liquor, and may have been affected by it, blit we deny strenuously that he was drunk in any way." Mr Thomas said that this was not a time when there was a lot of traffic about, but was early m the morning, when there was practically no traffic. Sub-Inspector O'Hara: Regarding Mr Thomas's wild statements about prisoners in the police station not being allowed to communicate with their friends — Mr Thomas: They are not wild. They are what your own man says. 1 'Two particular instances have been quoted," Sub-Inspector O'Hara said. "We have them every week in uor offices," Mr Thomas replied, "but to-day we have a man who is honest and tells us all about it." "They are air honest," protested the Sub-Inspector. Mr Thomas: That's as may be. The Sub-Inspector said that if ihe accused had asked for a doctor or a solicitor one would have been sent for, but he was rambling and thought that it was 5.50 in the evening. Probably the sergeant thought it. was better for him to sober down. "It would have been better if one of his friends had been called," said the Magistrate. A fine of £5 and costs was imposed.