$20,400 Claim Against Police

Press, Volume CIX, Issue 31988, 15 May 1969, Page 24

$20,400 Claim Against Police

(N.Z. Press Association) AUCKLAND, May 14. A hearing for damages totalling $20,400 against the police began in the Supreme Court today before Mr Justice Speight and an all-male jury. Mr P. A. Williams is appearing for the plaintiffs, Sidney Leonard Russell, manager, and Trevor David Smith, company manager. Mr D. S. Morris is appearing for the Attorney-General, who is, being sued on behalf of the Police Department The plaintiffs claim that on April 9, 1968, the police “falsely and maliciously and without reasonable cause” made an information against them before a deputy registrar of the Magistrate’s Court and procured him to issue a summons directing them to appear before the Magistrate’s Court

In their statement of claim they say the information laid was that on March 6, 1968, the plaintiffs stole a 1964 Daimler 2.5 litre saloon car, valued at $3OOO, the property of Nortox Engineering Company, Ltd. On May 15 they appeared on summons before the court, which dismissed the amended charge that they stole the interest of Nortox Engineering Company, Ltd, in the car, ruling that there was no prima facie case established by the evidence against either of the plaintiffs. The plaintiffs claim they were injured in reputation, suffered mental anguish, were prevented from attending to their businesses and were put to expense in defending themselves against the charge and had suffered loss and damage. They are claiming special damages of $2OO each and general damages of $lO,OOO each.

The defence has denied the claim. Mr Williams said it was submitted that in this coun-

try “we are not ruled by the police but by the rule of law.” “I submit the police cannot, at their whim, bring charges against a citizen,” he said. “They can only do that when they are legally justified in doing so.” The action was not only for compensation for injuries but would be a deterrent against “malicious prosecutions” being brought against other members of the community. “I find it quite incredible that on things which must have been known to the police, they continued with this prosecution,” he said. Either the police acted maliciously or “with crass stupidity.” Mr Williams said the plaintiffs bought the car for a company owned by Mr Russell. It was bought from a car sales company in the same premises as a mechanics' workshop, Nortox Engineering Company, Ltd.