FIRING OF SHOT BY CONSTABLE

Press, Volume XCI, Issue 27592, 24 February 1955, Page 14

FIRING OF SHOT BY CONSTABLE

EVIDENCE IN CASE AT WELLINGTON

MAGISTRATE HEARS SUBMISSIONS (New Zealand Press Association) WELLINGTON, February 23. Submissions in- a case begun in the Magistrate’s Court on February 8 in which evidence was given that a splice constable discharged a firearm were heard before Mr W. H. Carson, S.M., in the Magistrate's Court today. The case involved 'Phillip Alfred Oliver, aged 20, a carpenter, who pleaded not guilty to driving while under the influence of drink, assaulting a police constable in the execution of his duty, and driving without a licence. When the case was first heard. Constable Allan Carnegie Harding said his attention was attracted to a motorcycle that he suspected had been stolen. He said he asked two men who owned it, and was ignored. He said the men walked away, and when he called to them they started to run. He said he was carrying the station automatic pistol, which he then took out and loaded. He said he then fired a shot into the ground. Today Mr R. Stacey, tor the accused, submitted that the constable was not acting validly “The use in any way of a firearm was unjustifiable and unreasonable,” he said. ‘‘lt is a very popularly held view that policemen don’t carry firearms, and I can find no authority which entitles them to carry and use them, except on terms which call for the use of that firearm to justify that use." Sub-Inspector M. Conway said that the actions of the two men, the accused and his brother, “would give the average New Zealand policeman reason to believe the cycle was stolen or unlawfully converted.” Having decided that the cycle was stolen or unlawfully converted, the constable .was morally offenders.

“It could not seriously be contended that Constable Harding intended to shoot Oliver,” he said.

To a question from the Magistrate Sub-Inspector Conway said: “There is no authority for a constable to carry flrearms-while on beat duty, and there is not one on issue to a constable on beat duty." He added that revolvers were on issue to sergeants and men above that rank. The Magistrate remanded the accused until March 9.