DAMAGES AWARDED

Evening Post, Volume CXII, Issue 110, 5 November 1926, Page 10

DAMAGES AWARDED

WRONGFUL ARREST

CLAIM AGAINST POLICE CONSTABLE.

(By Telegraph -Press Association.)

DUNEDIN, 4th November

The hearing of the claim by John William Lockett against Constable George Macartney, of Mornington, for £100 damages for alleged assault and £300 damages for -Alleged false imprisonment, was continued at the Supreme Court this morning before his Honour Mr. Justice Sim »nd a jury of twelve. Evidence for the defence by several constables took up the morning sitting, after which both counsel addressed the jury at length. His Honour submitted the following issues to the jury:—(l) Was the plaintiff drunk when he was arrested by the defendant in Kenmure road? (2) If he was not drunk, did the defendant honestly believe him to be drunk? (3) If the plaintiff was not drunk when arrested, what damages is he entitled to recover for his v.Tongful arrest? (4) Did the defendant strike the plaintiff in the face before he arrested him —and maltreated him when arresting him? (5) If he did, what damages is the plaintiff entitled to recover in respect of such assault and maltreatment? His Honour added that the only justification for the arrest of plaintiff would be that he was drunk at the time. If a constable took upon himself to arrest a man for drunkenness, who was proved not to be drunk, then the constable was liable to be proceeded against for an action for damages, notwithstanding the fact that the constable reasonably believed that the man was drunk. If the jury found that the plaintiff was not drunk, but that the defendant reasonably believed he was, the defendant was still liable, but the jury would naturally take this into consideration when awarding damages. The jury retired at 3.45 p.m., and returned at 4.30 p.m., with a finding that the plaintiff -was not drunk when arrested, and that the defendant did not honestly think he was, and awarded £150 for wrongful arrest and £25 for maltreatment, with costs according to scale.