Man cleared

Press, 28 March 1981, Page 5

Man cleared

A man who carried a pair of socks when apprehended near shops which were found to have been burgled, and who told a constable there was no law against carrying socks, will not have to stand trial in the High Court. In the District Court yesterday, the defendant, Barry John Wiki, aged 28, an unemployed painter, had elected trial by jurv on four charges of burglary—three shops and the St Albans Post Office—and one of carrying instruments capable of being used for burglary, about 2.20 a.m. on February 25. After depositions of evidence and statements of eight prosecution witnesses had

been heard. Messrs R. C. Holland and L. M. Hooker. Justices of the Peace, held that there was not sufficient evidence to put the defendant on trial. They discharged him on the five charges. Counsel for the defendant (Mr S. C. Barker) made submissions in chambers. Sergeant G. G. Cleland prosecuted. The four premises which the defendant was alleged to have broken into were the St Albans Post Office, Westminster Beauty Salon, M.M.M. Butchery’, and Thomson’s Familv Footwear Shop, all situated at the intersection of Barbadoes Street and Warrington Street. A Post Office investigating officer, Gerald Selwyn Smith, gave evidence of being called to the St Albans Post Office, which had been broken into. He said mail from the boxes was scattered on the floor and an untidy search of drawers had been made but nothing appeared to have been taken. Other witnesses gave evidence of their shops being broken into, after being secured at close of business the previous day. Property taken included S 5 from the beauty salon, and S2 from the butchery. Constable L. O. J. Miller gave evidence of going with Constable R. A. Papps to the block of shops and hearing voices from the rear of a shop say: “Police, police.” Shortly after, two figures came running from behind the shop. The constable ran towards them and. apprehended Wiki, The other person jumped a fence and got away. While he was leading the defendant towards the street he saw him throw something down. They were found to be two socks. When questioned, the defendant said he had gone behind the shops to relieve himself, and that there was no law against carrying socks, Constable Miller said.