CHARGE DISMISSED

King Country Chronicle, Volume XXIX, Issue 4746, 14 September 1935, Page 5

CHARGE DISMISSED

KEEPING LIQUOR FOR SALE.

MAGISTRATE'S SUMMING-UP.

The charge against Harold Jasper Portman heard in the Magistrate's Court on Thursday, of keeping liquor for sale in a proclaimed area was dismissed by Mr. Levien. He gave his decision late in the afternoon after a retirement. In summing up Mr. Levien said that from August 30th, 1934, to July 13th, 1935, the declarations of liquor showed that the amount received was not excessive. The brandy, wine and sherry, generally speaking, could be ascribed for the purposes of the chef, and the other for defendant's own entertainment, or that of his friends. The list did not disclose more than might reasonably be expected of anyone who wished to take more than the average man in the ordinary licensed district. The defendant might get through the amount without selling any. There was evidence of liquor bottles of brands other than those declared being on the premises, but Mr. Levien said he was not going to attach any great significance to_ this —in some fashionable houses in a district without licence the morning collection of bottles must run into many dozens. There was nothing to show exactly what amount of business was done at Kelvin Hotel; he did not know what the cost of the liquor was in Te Kuiti, or the circumstances of the defendant. The onus was on the defendant to give some reasonable explanation that he had not more liquor in his possession than he could consume from time to time. This was not the type of case, however, where a large quantity of liquor was found on the premises of the type of' man who would not be in a position to entertain his friends.

That the keeping of liquor for sale in this district was looked upon as an evil was recognised by the penalties which could be inflicted for a first offence. If the police were satisfied from general surroundings that the trade was being carried on, then it seemed to Mr. Levien there should be concentration of enquiry and trained brains should be obtained to trace it to its source and stamp it out. It was not a matter for slipshod methods. This was one of the what one might call borderline cases, Mr. Levien continued, but there had been no evidence on which he would have been justified in convicting the defendant. At one or two stages the defendant might have been in jeopardy, but he escaped.