SEQUEL TO AN ARREST.

Gisborne Times, Volume XXV, Issue 2198, 30 September 1907, Page 3

SEQUEL TO AN ARREST.

A CONSTABLE FINED,

1 lie case in which. Robert W. Pat,rsou was charged with loitering in jlanners street, Wellington, and behaving in an insulting manner, and the cases in which Constable John B. Turner and Sergeant James Dalo ivere charged with having assaulted Paterson by arresting him and searching him, were decided by Mr. Riddell, S.M., at the Magistrate’s

Court last week. I Mr. Blair appeared on behalf of I Mr. Skerrett, K.C., for Paterson, and Mr. Herdman for'the police. His Worship, in the course of his I decision recorded a fine of 10s, jn I default 48 hours’ imprisonment, on each of the two informations against Paterson, and then went on to deal I with the counter-charges. I In reference to the information I against the constable, His Worship I said that from the evidence he con- I sidered that after Paterson had given I his name and address Turner had no I authority to arrest him for tho use I of insulting language. There was no I authority either in the Police Offen- I ces Act, ISS4, or in any of the other Acts cited by counsel for the defend- I ants to support such a courso _in a I case of this kind. His Worship could only assume that the constable was | somewhat excited owing to Paterson’s | behaviour, and in his excitement act- I sd differently to what he would have I lone had lie been calmer. His pro- I per course was to have proceeded by | •■umnions. That was provided for by I icction 15 of the Police Regulations, which states that for minor offences | :he extreme course of apprehension I uid incarceration should be avoided I when it was clear that a summons I would ensure the offender being dealt I with by a magistrate. Here the I iffcnder had given his name and iddress, and the offence was not a rerious one. The constable also acted wrongly when he refused to agree to Paterson’s request for a cab, after the arrest brad been made. Whether a call should or should not be .used in taking a person under arrest to the police station depended wholly on the circumstances, and constables must use'their discretion in each particular case. But where the arrested person was not a common offender, and was able and willing to pay for a cab. then the request was reasonable, and should bo agreed to-by the arresting constable. His AV orship snid he did not think the force used by tlic constable was excessive. it was clear an assault had been committed but as Paterson was not nliollv blameless that must be taken into consideration in imposing a penla tv. Defendant woidd be fined 10s,

•.viib £1 Is costs. The Magistrate then dealt with the case against the sergeant. Ho said it was proper to assume that the defendant considered lHtorson to be under Jawful arrest when he joined Co:.stable Turner. His Worship did ••ot think a cab was the proper pliue to inquire into the change, that Should have been done at the sta‘tio'i, “and,” lie continued, “I am no 1 : prepared to say that under the circumstances defendant so identified bin*self with the arrest as to make himself responsible for a deliberate a***:ult upon the plaintiff. Tlic defendant constable had acted somewhat hastily in proceeding at once with the search. The police regulations were quite sufficient and cleai •yj i| poet to cases of this kind, and regulation 190 should have been followed. Tho plaintiff was known to til*' sergeant, he was sober, and the offence with which ho was charged was not a serious one. He should, therefore, have been asked to produce bis property before the search started. The sergeant’s interference w ,i!h Paterson at the station amounted to ail assault, but of such a -tn-M-ins net"U.,.l Jirl r rant the imposition of any penalty. Tlie information would be dismissed; solicitor’s fee, £1 Is.