Traffic officers ‘set up driver for arrest’

Press, 18 November 1989, Page 14

Traffic officers ‘set up driver for arrest’

PA Auckland North Shore traffic officers tricked a wanted driver into a set-up for his arrest, a lawyer representing the Devonport man claimed yesterday. The lawyer, Mr Geoff Anderson, said that lan Matthews, sought on eight charges, had been phoned by a traffic officer pretending to be a construction, company representative, and told to go to Albany for a job. Mr Anderson said three unmarked traffic cars were waiting for Matthews in Bush Road. Matthews was arrested, handcuffed, and driven to Takapuna police station. Judge Bradford, commenting in the North Shore District Court on the arrest method, said, “Some people might say it’s not

cricket.” Mr Anderson told the Court his client was assaulted and abducted by the traffic officers in January, 1988. The Ministry of Transport had no powers of arrest.

The officers, he said, should have applied to the Court for a warrant for the arrest of Matthews and passed the case to the police. Traffic officer Mark Catton told the Court that another traffic officer phoned Matthews and asked for a quote for a job at Albany.

Judge Bradford convicted Matthews on six charges, including driving in a dangerous manner and driving with an excess blood-alcohol level, counts which normally result in an automatic

loss of licence. The defendant was given four weeks periodic detention. Mr Anderson said the sentence indicated the Judge had taken account of the way Matthews was caught by the Ministry.

He said Matthews was considering sueing the M.O.T. “This was a premeditated and contrived scam by law-enforce-ment officers,” Mr Anderson said. “I think it’s appalling.” The North Shore senior traffic officer, Mr Alan Richards, said last evening he knew nothing of the Matthews case.

The Council for Civil Liberties president, Mr Barry Wilson, an Auckland lawyer, said the case was a breach of traffic officers’ power and a clear plan of deception.