Could Not Believe Police Witness

Manawatu Times, Volume 60, Issue 135, 11 June 1935, Page 8

Could Not Believe Police Witness

MAGISTRATE DISMISSES LICENSING CHARGES Par Press Association. GISBORNE, Last Night. “The information mill be dismissed for several reasons. One, because there was no offcnco under section SO; two, because one of the persons said to be served was different from the evidence; and three, because the evidence of tho police witness, I am sorry to say, was so unreliable that I could not believe it.” Tho above decision was delivered bv Mr Walton, S.M., in the Magistrate’s Court to-day in the first of a series of informations for alleged breach of tho Licensing Act brought against the Gisborne Wine and Spirit Company. Six charges were preferred against the company in respect to the sale of liquor in lesser quantities than two gallons, and of permitting liquor to be consumed on tho premises, but after threo had been dismissed the remainder were withdrawn, as also were charges against other persons. Inspector Martin prosecuted and the defendants were represented by Mr Buruard. In the first case the company was charged under section SO of the Licensing Act with selling to Lawrence L. Gill and Eric Quinn, on March 15, two glasses of port wine and two of beer, such liquor being consumed on the premises. A plea of not guilty was entered. Inspector Martin said Lawrcnco Gill was a temporary constable and went with Quinn to the company’s premises where the liquor was purchased and consumed on the premises. The constable had no difficulty in obtaining liquor. Gill, who stated ho was a probationer constable, gave evidence on tlm lines of the inspector’s opening. After lengthy cross-examination by Mr Burnard, counsel moved for the dismissal of the information. The Magistrate dismissed the information on the grounds stated in tho opening paragraph. Tho next charge was selling liquor to Gill. Mr Burnard pleaded not guilty. After tho police evidence had' been given Mr Burnard commented that, despite the fact that the alleged offences were committed on March 15, March 29 and April 18, no information was laid until May 6. The inspector admitted this, but said tho company had been warned on March 28. The Magistrate said tho information had not been proved and tho case would be dismissed. Mr Burnard pleaded not guilty- to a further charge against defendants of permitting two glasses of port wine and two of beer to be consumed on the premises. After evidence had been given by Constablo Gill tho Magistrate said the information would bo dismissed for the same reason as the first one. “I can’t see that the evid--ence is any more reliable now,” ho said. The further informations wen withdrawn.