BOARDING TAMAHINE WITHOUT PERMIT

Dominion, Volume 34, Issue 127, 22 February 1941, Page 13

BOARDING TAMAHINE WITHOUT PERMIT

Fine Of £5 Imposed A charge of going aboard the Tamahine without a permit was preferred against William Hadfield Smith, company manager, in the Magistrates’ Court, A\ cllington, yesterday, before Mr. Stout, S.M. Smith, for whom Mr. R. Hardie Boys appeared, pleaded not guiity. SeniorSergeant G. J. Paine prosecuted. Sergeant AV. Carran said that Smith told him he wanted to board the Tamahine to ask a friend if he wanted to go to the races. Witness informed him that he could not go aboard unless he had. a permit from the Union Company. Witness was called away to other duty, and the next thing he saw was Smith driving along the wharf, ascending the gangway and boarding the ship. Witness stopped him as he came back and asked him if he had understood that he had no right to go on board, and he replied that he had understood. To Mr. Hardie Boys: He was not aware that the constable on duty had told Smith that as long as he was only a minute it would not matter. Smith said the constable had told, him it. would be ' all right for him to go aboard for a minute, but the constable said he had told Smith it would be all right for him to go alongside the ship and send a message aboard. Constable W. .Sampson said Smith told him that he wanted to pick up a friend from the Tamahine to take to the races, and witness gave him permission to go as far as the gangway and send a message aboard. To Mr. Hardie Boys: He told defendant it would be all right as long as he wasn't long. Witness was asked what the sergeant had said to him about the matter, but he claimed privilege and refused to answer. The case was defended because the Courts had regarded seriously the interpretation and enforcement of the regulations, said Mr. Hardie Boys. Smith had been put in a false position because of the kindness of the constable in giving him permission to board the vessel after the sergeant had left. The constable had said “don’t be more than a minute or two and it will be 0.K.,” and Smith had gone on board and returned in a short time. Unfortunately, on his way back, the sergeant had stopped him. Evidence on the lines indicated by counsel was given by Smith. “You were told you couldn’t go aboard and you deliberately did so,’’ said the magistrate in imposing a fine of £5, with costs 10/-.