CONSTABLE FINED

Dominion, Volume 27, Issue 15, 12 October 1933, Page 10

CONSTABLE FINED

Duck-shooting Incident

RANGER OBSTRUCTED

Dominion Special Service.

Huntly, October 11.

An incident at the opening of the duck shooting season at Lake Waikare, near Huntly, last May, had its sequel in the Huiitly Magistrate’s Court, when charges were brought by the Auckland Acclimatisation Society against Munga Nikau, a Maori, of Rangiriri, of taking and killing imported game without being the holder of a license to do so, and against A. Patterson, police constable, of Auckland, of obstructing Alfred C. Parker, of Taupiri, a ranger, by preventing him from seizing a firearm from Munga Nikau which was being used or .intended to be used contrary to the provisions of the Animals Protection and Game Act, 1921-22. Both defendants pleaded not guilty. The evidence for the prosecution was that the ranger and two companions were annoyed on May 1 by what they considered unsportsmanlike conduct by the occupants of a neighbouring stand. Parker determined that if the same practices were carried out next day he would, as a ranger, interview the persons using the stand. He later saw the two defendants coming along the paddocks toward the stands. Patterson carrying a double-barrel shot-gun, and Nikau a single-barrel gun, which had been lent him by Patterson.

As the result of a shot alleged to have been fired at a duck by Nikau, Parker went ashore to where Patterson was standing and where Nikau, carrying his gun, was joining him. Nikau extracted a full cartridge from his gun. Some discussion took place with Patterson as to his alleged shooting within 100 yards of Parker's stand against the regulations.

At Patterson’s request Parker produced his ranger’s warrant and Patterson also produced his ranger’s warrant and evidence of his being an active member of the police force. After further conversation Nikau admitted that he had no license. Parker then asked for Nikau’s gun, when Patterson intervened and said, “Oh, no, that gun belongs to me.”

Patterson in evidence said he had lent the gun to Nikau to shoot some hares for him.

Nikau stated in evidence that he had no cartridge for his gun up to the time when he had been accosted by Parker. The magistrate, Mr. F. H. Levien-, said he had no hesitation in accepting the evidence of Parker and his companions that Nikau fired the shots as alleged. The ranger, Parker, was entitled to seize the gun used by Nikau contrary to section 14 of the Act, Whatever power Patterson might have had as a ranger or a police officer, it seemed clear that, in preventing Parker from obtaining the gun from Nikau, he was obstructing a ranger in the execution of the power conferred on him by the statute. Patterson might have thought himself in charge of the situation on account of his police and ranger status, and that he might, have thought Nikau had some right to shoot without a license seemed to have no bearing on the offence. The minimum fine under the statue was £lO.

Patterson was convicted and fined £lO and costs, £2/6/-, and Nikau was convicted and fined £5 and costs £•> 15/-.