Prostitution charge dismissed

Press, 18 December 1985, Page 5

Prostitution charge dismissed

The controversy over undercover policemen being required, because of recent court decisions in the North Island, to disclose their identities worked in favour of a Christchurch masseuse yesterday. A charge against her was dismissed, and cannot be re-laid by the police.

The masseuse had faced a charge, which she denied, of offering herself for prostitution in a city massage parlour on June 18. Before the scheduled defended hearing a week ago defence counsel, Mr Erno Bedo, said he would seek

disclosure of the identity of the undercover constable involved in the defendant’s prosecution.

The constable’s disclosure was opposed by the police and Judge Paterson then reserved decision on this question until yesterday. The Judge yesterday said he was satisfied he must follow the decision of Mr Justice Gallen in a recent North Island drug charge trial and refuse an order for the undercover constable to remain anonymous. The Judge then sought submissions on the two alternatives open to the Court: to dismiss the case for want of prosecution or adjourn it to a later date.

Mr Bedo sought dismissal of the charge for want of prosecution so that it was ended now. Among his submissions he said that the charge was “at the very bottom end of victimless offences,” with a maximum fine of ¥2OO provided. The charge had hung over the defendant’s head for six

months, and further delays in hearing it would be prejudicial to her. She had been put to extra expense, and in effect was a pawn in a series of events over which she had no control. Mr Bedo then asked for dismissal of the charge on its merits.

Sergeant J. E. Dwyer, for the police, said the police offered no evidence in view of the decision requiring disclosure of the undercover constable’s identity. However, he sought dismissal of the charge without prejudice, so that it could be re-laid, after the outcome of the North Island case was known. He said the defendant had not been prejudiced. She had been interviewed two weeks after the alleged offence, and given the chance to make an explanation, which was recorded. The Judge said after hearing the submissions that on balance he was not prepared to reserve the right to the police to re-lay the charge, which was now dismissed “outright?’