Police Commission Hears Evidence In Christchurch

Press, Volume XC, Issue 27404, 17 July 1954, Page 3

Police Commission Hears Evidence In Christchurch

An instance where a police constable had warned hotels of probable visits by policemen, evidence of other warnings concerning police raids on hotels conducting after-hours trading; a claim for privilege by a police sergeant in witholding from public hearing the conversation between himself and a licensee after the failure of a raid on the Grosvenor Hotel and denials of leakages, after-hour trading and a letter alleged to have beefi written by a former prime minister (Mr Peter Fraser) were features of a sitting in Christchurch yesterday of the Commission of Inquiry into Allegations of Police Misconduct. The commission is Sir Robert Kennedy. Mr C. Evans-Scott is counsel assisting the commission. Mr J. Meltzer who has at other sittings represented the New Zealand Police Force Association was not present. Recalled by Mr Evans-Scott to amplify evidence given in Wellington Robert William Hope, a sergeant of police at Christchurch said that a letter signed by the commissior of police (Mr J. , Cummings) and stating that clubs would not be prosecuted pending their applications for charters was not the letter he had referred to in Wellington. “Have you confused this letter with one from Mr Fraser himself?” asked Mr Evans-Scott. “This is not a document that I had seen prior to giving evidence in Wellington,” replied witness. “The letter was dated approximately April 30, 1949, about the same as the other letter. I have a very clear recollection of the matter.” Referring to a presentation of £lO which he had received from the licensee of the New Commercial Hotel before he left Reefton witness said that sergeant Bradley’s statement of being at the presentation was not correct. He had not applied to his superiors for permission to accept the presentation. “Two specific instances” of hotels which had apparently been warned of police raids on after-hours trading were given by Sergeant Hope. The first was in 1950 when the Heathcote Arms Hotel was visited. After going over a corrugated iron fence at the back of the hotel and through the kitchen witness slid he heard the licensee’s wife tell the barman-porter to close the backyard gate and send everybody away as the police were on the way. She held a telephone receiver in her hand. It was possible that a telephone call could have been from someone who had seen the police car on the way to the hotel. Another instance was in 1949 when witness had been doing beat duty in Christchurch. Shortly after 9 p.m. one evening he and a sergeant had patrolled the city area. Later he met another constable on beat duty who said he had “done the decent thing” on seeing the sergeant and witness walking in a certain direction and had telephoned hotels to tell them to be on their guard. Witness had rebuked the constable but did not report the incident. He was not prepared to give the name of the constable to the commission. On September 12, 1954, the Templeton Hotel had been visited on the way back from a raid further afield and 17 men were found unlawfully on the premises, said Sergeant Hope. He had heard the licensee tell Sergeant Schwass that he would “write to the inspector” about the visit. Sunday Visit One Sunday in March, 1953, he had visited the Grosvenor Hotel under Sergeant Schwass. He did not know he was going to the hotel until the party was on its way. “On arrival we saw it was obviously a waste of time,” witness said. “Quite a number of people were standing around the intersection in small groups and sitting in cars and giving the appearance of waiting till we had come and gone. It was a waste of time going there. “Before I leave the witness box, sir, I would like to say that the reference 'I made in Wellington to the letter by Peter Fraser was not meant with any disrespect to the late Peter Fraser but was only referring to a document which I am still convinced did circulate,” witness said. “You may have seen that a very careful search is being made to see if there can be found any such letter as you described and it is not yet complete,” replied Sir Robert Kennedy. “For a number of years the police have been criticised by the public for having done nothing about those clubs and evidence of the letter was only intended to show why they had done nothing,” said witness. Royden Mercer Schwass, a police sergeant at Christchurch, told the commission \ that arrangements for making raids on hotels for men and cars were generally left to him. He had mentioned to his superiors that if a surprise visit was required the file should be given to him before it passed through too many hands. “That carries the inference that members of the police force cannot be relied upon,” said Mr Evans-Scott. “There is no such inference,” said witness. Witness said he had seen no visit to a hotel where a prior warning appeared to have been given. On September 12, 1952. at the Templeton Hotel the licensee had said to him “I did not think you would do this to me, Sergeant Schwass. I am going to write to the inspector about you.” Later the licensee had said she would “write to Mr Kearns and tell him” about witness. He did not know if she ever wrote. Witness said that in March, 1953, he had received invitations to visit the Grosvenor Hotel. He did so, after a lapse of one weekend, on the following Sunday. Constables Hope, Stevens and Carson were present and he did not tell them where they were going until the party was on its way. “Had you told anyone else you were going to visit the Grosvenor Hotel that day?” asked Mr Evans-Scott. “Definitely not,” said witness. At the hotel the licensee (Mrs L. S. Smith) had told him that the inside was “all clear.” He did not see any evidence of after-hours trading but Mr Smith made a statement to him. Discussion with Licensee Mr Evans-Scott asked what had been said. “I wish to claim privilege, sir” said witness appealing to the commissioner. “What was discussed in the next few minutes was given in strict confidence.” Mr Evans-Scott asked that the words be put in writing and handed in. -“I do not wish to say anything,” said witness, who on the instruction of Sir Robert Kennedy then wrote for three minutes and handed a piece of paper in.

“I think this is a matter which I should treat as leading to further investigation. I now understand why you were reluctant to answer. I shall not treat this as evidence publicly given,” said Sir Robert Kennedy. “Did the statement have any effect on your investigation of the hotel?” asked Mr Evans-Scott. Witness: From the statement it was evident that no further investigation was necessary. Witness said the licensee subsequently telephoned him and later, with his wife, came to his home. Mr Evans-Scott: Did he give you more detailed information? Sir Robert Kennedy: At this stage I would ask the sergeant to write out this Conversation. Witness then spoke privately with Sir Robert Kennedy and retired to write on a paper. Evidence of the visit to the Grosvenor Hotel was given by Constable George Allen Stevens, of Ashburton, and Constable Ronald George Carson, of New Brighton. Chartered Clubs Jack Campbell Fletcher, a subinspector of police at Christchurch, produced his warrant as rn inspector of chartered clubs. Other inspectors were Sub-Inspector A. B. Brady and Senior-Sergeant A. B. Collinge, he said. “There are seven chartered clubs

here and on occasions .these clubs make applications for an extended hours permit,” witness said. In the normal way the files relating to the permits should come to either Brady or myself. I have as a matter of practice and couftesy put them out for sectional sergeants for their inspection so if they saw a social function going on at a club they would know it was being legally held.” Witness read as “a typical sample” information concerning the Canterbury Commercial Travellers’ and Warehousemen’s Association which was a chartered club. “It did so happen that one of these memoranda was sent down to the senior-sergeant from the superintendent of police, who had written ‘The senior-sergeant: For a report on cdnduct of function in due course,’ ” said witness. “On that, Sergeant Hope submitted his report on which some capital was made in Wellington. It was referred to the wrong man. The most was made of it, too.” Sergeant Schwass then submitted a paper to the commission. “I shall treat this the same as the other,” said Sir Robert Kennedy to Mr Evans-Scott. Inspector’s Evidence William Robert Miller, inspector of police at Christchurch, in outlining the procedure for arranging surprise visits to hotels, said that instructions were issued either by memoranda or verbally. In addition to the superintent, witness and the sergeant detailed to make the raid, a sub-inspec-tor “generally Brady,” was sometimes conferred with. The memoranda came into no other persons’ hands. Dennis Raymond Sugrue said he had been superintendent at Christchurch for the last 15 months. Unless there was some special reason he had no objection to a sergeant having a free hand on the homeward journey of a surprise visit. “It would be a sergeant’s duty to step in where the law was being broken irrespective of any instruction.” Witness agreed that a sergeant and two constables were sufficient for making surprise visits to hotels. When questioned by Mr Evans-Scott regarding “the lodger-and-guest racket” witness said there might nave been bars to the police at times, but he had always found that untruthfulness in a “guest” could be detected by a certain line of questioning. In doubtful cases a prosecution would be made and a Magistrate would decide. Witness said he would like to comment on reported evidence given by Sergeant Hope in Wellington that it was the practice of police officers to warn the hotels of impending raids. Mr Evans-Scott: He did not say that. Witness: I have no knowledge whatever of any police officer ever warning a hotel and Sergeant Hope has never reported such facts to me. Referring to a typescript ot Wellington evidence Mr Evans-Scott said that Sergeant Hope had said that “information was inclined to leak out,” and had later said that he knew of actual instances where a licensee had been advised by the police. “It has nSver been reported to me by Sergeant Hope and I have no knowledge of any such information,” said witness. “To take the matter further, Sergeant Hope, or any other sergeant going out on beat—no-one but themselves should know what hotels they are going to visit so I cannot see how it can leak out.” Witness said it had been reported that Sergeant Hope had said that afterhours trading was rife in Christchurch, but “Sergeant Hope has been a sergeant for only three months and during that time has prosecuted only one hotel,” he said. Signature on Letters Thomas Matthews, a former sergeant of police stationed at Rangiora, said he had been in charge at Westport from 1943 to 1949 and in all that time had “definitely not” seen a letter signed by Mr Peter Fraser. He had been in the force for 30 yearsand had never seen a letter signed by the Minister of Police—“lt was always the signature of the commissioner,” he said. He had not heard of a request by Mr Fraser or any other member of Parliament concerning police treatment of unchartered clubs, neither had he heard of a “gentlemen’s agreement” by Westport licensees not to trade after 11 p.m. “My experience of the Coast hotels is that they were no worse than anywhere else. I think a lot of these reports are exaggerated,” he said. The commission then adjourned.