Comb case quashed

Press, 11 April 1978, Page 3

Comb case quashed

PA Auckland Mr N. R. Taylor. S.M., yesterday quashed the conviction for theft as a servant in the “comb case” against a Niuean youth, Iki Toloa, aged 17. The Magistrate described the case as a most unfortunate matter. Toloa was convicted of stealing a comb from his employers after he was stopped and searched by police as he walked along Karangahape Road in the early hours of March 29. The Magistrate said he was unhappy with the situation. The police prosecutor, who spoke at Toloa’s first appearance before the Court, was unable to explain why Toloa had been searched when he had apparently not commited any offence. “I still can not understand why he was stopped at all,” the Magistrate said. “It is not : sufficient for me for the police to say he was stopped I in a routine fashion. A citszen has the right at any time

of the night or day to pass along the .street without hindrance from anyone.”

For the police, Inspector B. Donnelly said three body scalp massagers were found in Toloa’s top pocket. Toloa told the policeman he had taken them from work. Subsequent inquiries had shown the combs might have come from a reject bin and might have been of little or no value.

“Although it is submitted that the value of the property does not affect the validity of the prosecution, it was still thought proper to bring the matter for rehearing,” he said. The Magistrate said Toloa was represented by counsel of integrity, compassion and competence, and one would have thought that would have prevented any possible injustice. Counsel (Mr D. Brown) said he was duty solicitor when he represented Toloa at ‘the first hearing but had had 25 other persons to see that

day. His instructions were quite firm that the comb had been discovered after the police search and not before. He made an application for costs, saying that the original charge sheet named the complainant in the matter as Construct Plastics and not Consolidated Plastics. The Court adjourned the case to May 15 to allow the police to make submissions on costs.