Coses involve Maoris And Liquor

Northern Advocate, 15 March 1948, Page 3

Coses involve Maoris And Liquor

For supplying liquor to native females, Kingi Edward Davis and Moses Parore Davis, were fined £5 each, and were ordered to pay costs for supplying liquor to themselves, at the Whangarei Court today. On a charge of stealing three dozen bottles of beer, valued at £3/7/-, the property of William Henry Trail, both men were remanded until Wednesday, by Mr W. C. Harley, S.M.

Constable Frank Andrew Davis said the accused took the liquor to a paddock at Maunu, where a party was held, and the beer consumed. The beer had been taken from a locked car in Walton Street, hidden in a lane, and a taxi had been used to take the liquor to Maunu. Both men had previous convictions. TAXE DRIVER EXONERATED Arising out of the same circumstances a charge of knowingly permitting a native to be in. possession pf intoxicating liquor while a passenger in his car, brought against John Joseph Henson, taxi driver, of Whangarei (Mr D. L. Ross) was dismissed. The magistrate (to Senior-Sergeant J. Sutherland, who prosecuted):* You will have to prove that Hansen knew the Maoris were putting liquor in the car.

The senior-sergeant: He is under an obligation to see what kind of passengers enter his car. He cannot have it filled with liquor and natives. Mr Harley: The natives may have been taking cheese to the party. ' Mr Ross: The police have not proved that Hansen knew these men had liquor in their packages. Friday night is the busy shopping night, when it is quite common to pick up packages with passengers. “It all iooxeCT a bona fide matter as far as the taximan was concerned. He gave the police all the information they wanted and knew nothing of the liquor regulations. To say that a taxidriver should inspect all the stuff which goes into his car is absurd. Why should this man be in search of a man who is committing an offence?” KNOWINGLY OR WILFULLY

'Mr Harley: “The principles of the law are so well known that the matter is not worth arguing about. It must be proved that the driver knowingly or wilfully knew the natives had beer. “The legislation recognises the right of people to carry goods without taxidrivers having to poke their noses into packages. That situation Would be intolerable. “A driver cannot have Maoris and beer in the same car. Neither can he pick up Maoris with beer in their possession. “If, however, it is not obvious that beer is being picked up, then the driver cannot be liable. What happened when he got to his destination does not matter, as he did not know he was carrying beer until he got there. “The prosecution has failed to prove that he knowingly allowed the Maoris to carry beer, therefore the case is dismissed.”