APPEAL ALLOWED

Dominion, Volume 30, Issue 266, 6 August 1937, Page 5

APPEAL ALLOWED

Charge Against Police Constable By Telegraph—Press Association. Auckland, August 5. , The conviction in the Magistrate’s Court at Whangarei by Mr. G. N. Morris, S.M., of William Butler, a police constable, on a charge of being found after hours on licensed premises at Bikurangi lias been quashed in the Supreme Lourt by a judgment given by Mr. Justice Read. The facts are that about 9.25 p.m. on November 21 a sergeant of police and a constable went to the Bikurangi Hotel, where in a private bar they found the licensee ami four persons, of whom Butler was one. There were five drinks on the counter. Cadman, the licensee, was charged with selling liquor after hours and exposing liquor for sale, and four others appeared on the same charge as Butler. In the case against Cadman Butler gave evidence as witness for the defence and decision was reserved., Butler’s evidence as given in Cadman’s case was taken as given in his own case and supplementary questions were asked. Decision was reserved. The charges against the other defendants were heard, after which the magistrate delivered judgment, convicting all the defendants. ‘•The magistrate waited until he had hea'rd all the eases before announcing his decision on any of them," said bis Honour. ‘‘Although a magistrate is entitled to do this, it' is' a dangerous proceeding, for if he has allowed the evidence that he has heard in one ease to have any effect on bis judgment ou another, that judgment cannot stand.” His Honour added that the circumstances raised a strong inference that the magistrate had allowed himself to be influenced by the evidence called in Cadman's ease. The. appeal was allowed and the conviction quashed.