MAGISTRATE’S COURT AT RANGIORA

Press, Volume XCI, Issue 27698, 30 June 1955, Page 7

MAGISTRATE’S COURT AT RANGIORA

PUBLICAN FINED ON LICENSING CHARGE On a charge of assisting Vincent Alfred Gason and Kenneth Hugh MacKay to be on licensed premises after hours, Colin Mcßeath McKenzie, licensee of the Plough Hotel, was convicted and fined £2, at a sitting of the Magistrate’s Court, Rangiora, yesterday, by Mr Rex C. A bernethy, S.M. Gason and Mac Kay were each fined £2 for being found on the premises after hours. The three cases were heard together. Senior-Sergeant S. J. Anderson prosecuted. and Mr A. D. Holland appeared for the accused, who pleaded not guilty.

Sergeant G. Urquhart gave evidence that about 8.30 p.m. on Saturday, May 14, accompanied by Constable A. J. Bucklev. he saw the bar of the hotel fully lighted. As they walked up the east side of the hotel a door opened and two men were let out. Seeing McKenzie behind them, witness called out to him not to shut the door but this was done. Sergeant Urquhart said he knocked loudly on the door and as it was not opened he told Constable Buckley to take the names of the two men concerned and then opened a window, by which he entered the hotel. He walked into the hall and met McKenzie coming from the direction of the door. When he asked McKenzie why he had slammed the door, said witness, he received no answer. McKpnzie also gave no answer when asked why the men had been in the bar. Gason’s explanation was that he had gone to the hotel to ask McKenzie to go with him to a football club’s function and MacKay said he had just accompanied Gason. Later, when witness was in conversation with McKenzie, the telephone rang and after it McKenzie said he had been asked to go to the function. Witness asked McKenzie if the men had rung to tell him what explanations they had given but received nc- reply. Corroborative evidence was given by Constable Buckley. It ’vas not denied that the men were on the premises, but they had been there legitimately, said Mr Holland. Thev had mentioned to McKenzie earlier in the week that a function had been arranged to make a presentation to a footballer who was leaving the district. Gason arranged with McKenzie, who was a coach to the club, to confer with him about the presentation which was to foe made. Mac Kay, who was also a footballer, called on Gason and they went to the hotel together.

They found McKenzie standing outside the hotel and he asked them to come inside as he was busy washing out the bar. No drinks were served in the hotel while they were there. When McKenzie let the men out, said counsel, he saw no-one about and went back to the bar. Then he heard knocking on the door and went to open it but he found that the sergeant had got inside .by other means. Evidence was given for the defence by Gason. Mac Kay. McKenzie, Lucian F. Brocherie, a barman, and James MeDeath McKenzie, father of the licensee, a visitor at the time of the alleged offences.

In convicting the accused, the Magistrate said that he found the evidence and explanations of Gason and MacKav unsatisfactory. He was satisfied that the evidence of the police was 'categorically correct and that of McKenzie was categorically wrong. McKenzie was. in fact. lucky that he was not proceeded against for not admitting the police.