ALLEGED AIDING AND ABETTING

Dominion, Volume 31, Issue 288, 1 September 1938, Page 16

ALLEGED AIDING AND ABETTING

Charge Against Licensee

MEN ON HOTEL PREMISES AFTER HOURS

Daniel Henry Godfrey, licensee of the Victoria Hotel, Petone, was charged in the Magistrates’ Court, Petone, yesterday with aiding, assisting, counselling and procuring commission of the offence of persons being on licensed premises after hours. Decision was reserved. SeniorSergeant H. C. D. Wade prosecuted.

Constable J. L. Moore said that at 8.1.0 p.m. on July 22 he saw Godfrey talking to several men at the hotel doorstep. He saw Godfrey then go inside and come out again. He then walked back to the hotel door, where Godfrey said, “It's all clear, constable.” He entered the hotel and saw two hien go upstairs. Godfrey said they were lodgers but he recognised them as local residents. Godfrey seemed disinclined to go upstairs but they went up. There Godfrey opened the door of a sittingroom a few inches, looked inside and said, “There’s no one here.” He said to Godfrey, “Let me have a look.” Godfrey re ; pl.ed, “I’ve told you there is no one there.” He went into the room and found 12 men there. He started to take their names when Godfrey said. “These men are my guests.” Later Godfrey said, “Don't give y r names, boys: there's no need to, you’re my guests.” Nine of the men were subsequently convicted for being on licensed premises after hours. Mr. AV. P. Shorland submitted that the evidence fell short of proving that Godfrey actively or constructively aided, abetted or procured the offence and submitted legal argument in support. Mr. A. M. Goulding, S.M., reserved his decision.