CONVICTION QUASHED

Grey River Argus, 6 August 1937, Page 11

CONVICTION QUASHED

AN EVIDENCE ISSUE Constable in Hotel [Per Press Association]. AUCKLAND, August 5. The conviction in the Magistrate’s Court, Whangarei, by Mr G. N. Morris, S.M., of William Butler, police constable, on a charge of being found after hours on licensed premises at Hikurangi, has been quashed in the Supreme Court, by a judgment given by Mr Justice Reed. The facts are that about 9.25 p.m., on November 21st, a sergeant of police, and a constable went to the Hikurangi Hotel, where, in a private bar they found the licensee and four persons, of whom the appellant was one. There were five drinks on the counter. Cadman, the licensee, was charged with selling liquor, after .hours, and exposing liquor for sale. The four others appeared on the same charge as appellant. In the case against Cadman, appellant gave evidence as witness for the defence. Decision was reserved.

Appellant’s evidence, as given in Cadman’s case, was taken as given in his own case, and supplementary questions were asked. Decision was reserved. The charges against the other accused were then heard, after which the Magistrate delivered judgment convicting all the accused. “The Magistrate waited until he had heard all the cases before announcing his decision on any of them,” said His Honour. “Although a Magistrate is entitled to do this, it is a dangerous proceeding, for if he has allowed evidence that he has heard in one case to have any effect on his judgment on another, that judgment cannot stand.” His Honour added that the circumstances raised a strong inference that the Magistrate had allowed himself to be influenced by evidence called m Cadman’s case. The appeal would be allowed and the conviction quashed.