WRONGFUL ARREST

Hokitika Guardian, 16 May 1933, Page 5

WRONGFUL ARREST

DAMAGES CLAIM

IMPRISONED AS A BURGLAR

(Per Press Association — Copyright .)

GISBORNE, May. 15

An unusual action was heard, but not decided, in the Magistrate’s Court, when a. young man, Ernest William Olliver, claimed from Archibald McKenzie £2OO lor alleged assault and wrongful imprisonment. The case arose out. of an accident early last month. McKenzie was in pursuit of a suspected burglar, and seized Olliver, thinking he was the culprit. The statement of claim alleged that plaintiff had been assaulted, handled over to the police, and lodged in cells and detained for some hours, “undergoing all the degradation incidental t« such imprisonment.” Subsequently he was charged with being un lawfully on premises, but the case was dismissed.

After plaintiff’s counsel, Mr Bradley Smith, had outlined Die circumstances,

Mr L, T. Burnard, lor the defence, raised the objection that the main | cause of action was beyond the magisj trate’s jurisdiction. This view was upheld by the Magistrate, Mr J. G. L. JHAwitt, _at whose suggestion it was deckled to proceed with a claim for £4O respect of the alleged assault. /■iT-lie h Magistrate con'iinented that he was in a difficult as .he could hardly dissociate from his mind the allegation of wrongful imprisonment. Having reconsidered the position, he thought he should have refused to try the case, and he proposed now to hold that he had no jurisdiction. No costs were allowed either party.