NO OFFENCE

Evening Post, Volume CXIV, Issue 25, 29 July 1932, Page 9

NO OFFENCE

PARADE IN LOIN CLOTH*

CHARGE DISMISSED

Frederick Perriii, the man who paraded Willis street clad only in a loin cloth and a pair of shoes, was declared not to have committed any offonoe when Mr. E. Page, S.M., gave his reserved decision to-day on a charge against Perrin of behaving in a. disorderly manner. ■ The Magistrate held that while the appearance of a person in grotesque costume in the public streets might cause some excitement that in itself, in the absence of other circumstances, did not -constitute disorderly behaviour. "Tho Section under which the dofendant' is charged," h© said, "renders liable to a penalty any person who in, or in view of, any public place, beHaves in a riotous, offensive, threatening, insulting, or disorderly manner or uses any threatening, abusive, or insulting words or strikes or fights with any other person." The question i« whether the defendant's action brings him within this Section. NO RIOTOUS CONDUCT. "The defendant walked along the footpaths, and save for the. fact that he was thus clad, his conduct was in no way riotous or disorderly. His Btatement is that he was going to tho Minister, of Employment to show him what would be tho effect of tho .present scale of wages paid to workers employed on unemployment schemes. "Tho defendant's presence on the streets in this grotesque garb would; no doubt, attract some attention, and might tend to causo a number of tho public to follow him. The same might be said of methods quite commonly adopted for.the purpose Cf advertise ment. ■ One occasionally sees, for example, a clown in-full dress, paraded through the streets to. advertise a travelling circus; or perhaps a bevy of young people, clad in South 80a; Island costume, paraded to advertise a visiting picture. Having regard to the context, I think that, to come within the Section,, something more than the mere appearance'in a freak or unusual attire is required, something in tho nature 'of noisy, . quarrelsome; abusive, or unruly beh&vioufr disturbing to the public peace. None of that was present here) and I therefore think that it* has) not been shown that thq defendant behaved in .a, disorderly manner within, tho meaning ...of', tho Sec-; ■tion. ..'•'■ .' ' .". •. '..-.: ' ■'.. ■ '■■"■'• • • ' .-•'■':.; NOT INDECENT EITHEE. "Nor do I think that the- garb that; he was wearing caa be held to be -An indecent ono so as to.:bring the defendant within tho provisions of tho Act relating to public decency* Boxera and wrestlers regularly appear and perform in public more scantily clad than was the defendant. \" /■_ .; "In the result I think no breach of tho Statute has been established. The information must be dismissed.