DRINK NEAR DANCES

Greymouth Evening Star, 31 December 1940, Page 3

DRINK NEAR DANCES

COURT RESERVES DECISION An interesting legal point, upon which no decision has as yet been given, was raised in the Matamata Police Court before Mr. W. H. Freeman, S.M., when . Charles Clifford Brunton and Gordon Learning, of Matamata, and George Leonard Murray, of Hinuera, were charged with having liquor in their control while a dance was in progress at the Matamata Town Hall.

The facts of the case were admitted, but/Mr. R. J. Larkin, for the defendants, submitted that under subsection three of section 58 of the Statutes Amendment Act, it had to be shown that the liquor was in the control of “a person attending or proceeding to attend a dance.” Constable W. A, Moore replied that if the section were so interpreted it would be impossible for the police to secure convictions.

The facts of the case as outlined in the evidence were that defendants had come from Hamilton and were proceeding to Hinuera. They stopped near the Matamata Town Hall and Brunton called at the dance to see a friend. He returned to the car with-' out his friend, and while sitting in it, Constable Moore had come along and caught Learning drinking. Bottles of gin and beer were found in the car. Defendants denied that they attended or were proceeding to attend the dance. , -

The Magistrate said that in view of the importance of the point raised, he would give a written decision, as, if the clause mentioned was to be. read as suggested, it would have a farreaphing effect and defeat the purposes of the Act. " ■ '