DAMAGES AWARDED

Greymouth Evening Star, 29 March 1930, Page 11

DAMAGES AWARDED

AGAINST POLICE SERGEANT. QUEANBEYAN (N.S.W.), March 18. In the Queanbeyan District Court today, before Judge Sheridan, Victor Samuels proceeded against Sergeant James Richmond Sheppard, police oificer, stationed at Canberra, for unlawful arrest, wrongful imprisonment, and false and malicious prosecution. He claimed £4OO damages. In finding for the plaintiff on the three counts, with £75 damages, Judge Sheridan said that Sergeant Sheppaid had acted in an improper and offensive manner to the plaintiff. The most cogent point was his action to the plaintiff at the lock-up. There seemed to be some motive of a malicious nature m his conduct. It was a most important case, as it dealt with the actions and powers of the police. The evidence showed that on the afternoon of December 23 Sergeant Sheppard with Constable Bailey, entered the Civic Cafe at Canberra. He saw a man named McLeod intoxicated and told him to get off home. Samuels, who was nearby, and who is a vicepresident of the Returned Soldiers’ League, said: “It is all right, sergeant, I will look after McLeod.” „ Whereupon the sergeant asked him what he wanted to interfere for, and ordered him out of the cafe. Samuels went out. Later McLeod left the cafe, followed by Sergeant Sheppard. The police and McLeod were standing on the footpath when Samuels passed by, and the sergeant remarked to the other police: “That man seems to be looking for trouble.” Upon McLeod using obscene language Constable Bailey went over to arrest him, but Samuels said to him: “Don’t arrest the man. I will look after him.” Sergeant Sheppard then arrested Samuels, charging him with offensive behaviour.

In the Lower Court th© magistrate dismissed the case without hearing the defence. When Samuels was taken to the lock-up and charged, the police agreed that he could be released on his own bail of £5, but notwithstanding this Sergeant Sheppard locked him in the cells, where he was kept for 30 to 40 minutes before his bail papers were made out. The excuse of the police for locking him up was that they had to charge two othei’ drunk cases.