POLICE OBSTRUCTED

Hawera Star, Volume LIII, 9 November 1933, Page 8

POLICE OBSTRUCTED

INCIDENT AT NORMANRY. HEAVY PENALTY REQUESTED. Strong comment on the action of a Maori at Norm an by in obstructing a constable in the course of his duties was made by Sergeant J. Henry in the Hawera Magistrate’s Court yesterday when Charlie Tonga was charged with obstructing Constable F. Pidgeon by forcing him to dismount from his bicycle. “Constable Pklgeon is having a verba d time at Norm.anbv.” said Sergeant Henry when pressing for a heavy pen ilty. Threats had. been made to the constable, he continued, and as- hi was stationed four mites away frail the nearest noli e assistance the posi lion was serious. There had been a very large number of cases brought Torn so small a t-owi. as Normanbv and trouble of some sort teas oontinu ally cropping up. He asked for all assistance from the Court in prevent in- t.-oi ble by the imposition of i. heavy penalty as a deterrent. Constable Pidgeon saul that at ( p.m. on October 23 he saw Tonga with two companions come from thi Commercial Hotei the worse for liquor Twenty minutes later he went rounc | to the bar k of the Nonnamby Town Hail and there saw the three men sitting on the ground with two full bot les of beer and one empty bottle. Hr warned the men to go home or they would be getting into trouble, and i L n' \ toe cnvty bottle with him as he ■ returned to the road with the men ae--1 company mg him. Tonga demanded the bottle, but witness took it with him to the t'olic-e station. Later in the evening he saw the three men talking on the roadisideone went off hi the direction of his home and witness cycled down the street to see if he had gone there - on his return Tonga’s second companion went away. Defendant then shouted “Stop! Get off that bike IV and put his hand- on witness’ shoulder, at- the same time obstructing the cycle with his leg. Tonga bad not asked min ] any questions hut had just taken up a defiant attitude in the road., „ He warned defendant that he would get into trouble and cycled off. '

Cross-examined bv Mr A. K. North, who appeared for Tonga, the constable said that Tonga was not drunk within the meaning of the Act. All his warnings to Tonga had been given after the offence occurred. Mr North said that for the charge to be sustained it was necessary to prove a definite intention to obstruct. He would ask the Court to disregard the “obiter dicta” of the constable, the warnings which had been given after the offences occurred. Tonga maintained that the constable had wobbled and that his action in putting, his hands on the constable’s shoulder had not forced him to dismount. Tonga gave evidence that he wanted the constable to stop to talk about a wireless he had for sale. The constable had wobbled when he shouted and had bumped into him. He had put out his hand to assist the constable m regaining his balance. To Sergeant Henry witness sa.-.d ho

had not drunk any beer at the back of the hall and he had not been annoyed at the appearance of the constable. His companion had not left him to avoid being mixed up in a scene which he knew was going to occur. The magistrate (Mr J. H. Salmon) said that in view of Tonga’s behaviour prior to the bicycle incident he did not doubt: tb-vt Tonga had intended-to obstruct. the constable. Had he offered the constable physical violence he would have imposed a term of imprisonment. . Tonga was convicted and fined £3.