Barman Convicted For Selling Reefer Cigarettes

Press, Volume XCIX, Issue 29128, 13 February 1960, Page 15

Barman Convicted For Selling Reefer Cigarettes

(New Zealand Press Association)

AUCKLAND, February 12. Special duties police today told Mr W. S. Spence, S.M., in the Magistrate’s Court at Auckland, how they obtained the dangerous drug marihuana in reefer cigarettes that were bought from an Otahuhu barman, Joe Roy Hayward, aged 27. Represented by Mr J. J. Clark, Hayward denied charges of selling a dangerous drug, dealing in a dangerous drug in contravention of the Dangerous Drugs Act, being idle and disorderly in that he had the deleterious drug marihuana about his person without lawful excuse, and of refusing to answer the question “Who is the boss of the drug syndicate?” put to him by a police officer for the purpose of the Dangerous Drugs Act. He was convicted on all the charges except the last, and remanded for sentence. At his first appearance Hayward pleaded guilty to selling, but the Court, on Mr Club’s submissions, today allowed him to change that plea. Gordon Stace, of the Dominion Laboratory, described testing cigarettes that he was handed by the police. They contained Indian hemp, also known as marihuana, he said. Marihuana could be either eaten or smoked. The effect on persons unaccustomed to its use could produce marked delirium and violence. To Mr Clark, Stace said that the drug was generally regarded as habit forming. Mr Clark: Would it grow in New Zealand? Stace: I think it would. Constable J. R. Hughes, of the special duties police, said that on January 18 he approached Hayward in the bar of the Criterion Hotel, Otahuhu, and told him that he had heard Hayward could get “reefer” cigarettes. Hayward asked him how he had found this out, and Hughes answered that he had heard “from the boys.” Hayward appeared shocked at first, but said he would try to get him some cigarettes. The first would be on a sample basis, costing 5s each and subsequent orders would cost 10s each. “I placed a 10 bob order,” said Hughes. On January 23 he again 7 went

to the hotel and found Hayward in the bar. Hayward told him that if he liked to drive them both to Auckland he (Hayward) would get the cigarettes. “I drove Hayward into the city and we went to the Waitemala Hotel,” said Hughes. “We went into the bar and I ordered drinks. I gave Hayward 30s and he left saying he was going into the bottle bar. “He returned after five minutes and handed me some cigarettes in white tissue paper,” he said. Hughes said that on the way back to Otahuhu Hayward said he was interested in large orders He (Hughes) placed an order for £5 worth of cigarettes—at 10s each. Hayward told him he was buying the cigarettes at 5s each and would retail them at 10s. Hughes said that he took the cigarettes back to the Central Police Station and handed them to another special duties officer. Constable Leyland. He next saw Hayward again on January 29 serving behind the bar in the Criterion Hotel. Hayward said that if he again liked to drive him to Auckland he would get further cigarettes. They drove in to the Waitemata Hotel again, and before entering the bar Constable Hughes gave Hayward a £lO note. They again went to the public bar. Hayward again said he would have to go to the bottle bar for the cigarettes, and this time Constable Leyland was on duty. Arrest Described Hughes said that as Hayward came back into the public bar he signalled Leyland, who followed them out into Derby street and arrested Hayward. He was taken to a nearby police car and searched and 20 cigarettes were found in his shirt pocket. He had said 10 were for himself and 10 for Hughes, and he handed the constable £5 in single notes, saying, “Here is your change.” Hughes said the police then drove to Otahuhu to search Hayward’s room. On the way Leyland asked him, “Who is the boss of the drug syndicate?" Hayward answered, “I won’t tell you that” But said Hughes, Hayward further said that if he were sent to gaol the * ‘boss" would pay him £2O a week. Questioned by Mr Clark. Hughes said he had not kngwn Hayward while he had been in

the Navy. The main concern of the police was to get to the source of the supply and arrangements were made to follow Hayward after the first time he had delivered the cigarettes. At one meeting, Hayward told Hughes he had been informed that he was a detective. Hughes asked: "Do I look like a detective?” at which Hayward just laughed. Hughes denied that Hayward had been told he would be set free if he told the police who was his boss. He said he did not know that Hayward smoked these cigarettes. The information received had been that he was selling them, and it was not discovered until later that Hayward did smoke them. Mr Clark: You have not yet been successful in finding the source? Hughes: No, not as yet. Constable A. J. Leyland said that on January 29 he went into the private bar of the Waitemata Hotel, where he believed Hayward was getting his supplies from a customer. At 2.40 p.m. Hayward walked in. A customer said, “He’s out,” and Hayward turned round and walked straight out again. Accused’s Evidence Hayward told the Court that he had known Hughes in Wellington when he was working in trawlers and the constable was in H.M.N.Z.S. Lachlan. Mr Calrk: What do you know about this drug? Hayward: I’ve smoked a few. All they did was give me a bit of a boost ... it never sent me mad or anything. Hayward denied knowing where the drug was grown or how it was brought into New Zealand. Questioned by the Magistrate about his remark after his arrest that he would be “looked after,” he said this was just “a figure of speech.” He denied “peddling” the drug to anyone other than the constable. The Magistrate convicted Hayward on all charges except refusing to answer the question which, he said, was not proved as being for the purpose of the Dangerous Drugs Act. He remanded him for sentence until Wednesday. “I want to know more of you before I pass sentence," said the Magistrate. "This is the first time in 10 years on the Bench that I have heard a case involving marijuana. The effects and dangers of this drug are well known. It is disquieting to know that it is available in hotel bars in the city.”