TAXICAB INCIDENT.

New Zealand Herald, Volume LI, Issue 15521, 31 January 1914, Page 7

TAXICAB INCIDENT.

POLICE OFFICER CHARGED.

ALLEGATION OP ASSAULT.

NO CONVICTION ENTERED.

VERY TRYING CIRCUMSTANCES

JuDGME,Ntr in the assault action of Edward Rooke (Mr. Brown) against Police-Ser-geant D. Fraser (Mr. Moody) was given yesterday by Mr. F. V. Frazer, S.M. After traversing the evidence the magistrate went on to say that there was no dispute as to the essential facta. It was not contended that any injury was done to the informant or that any unnecessary force was exerted by the defendant, but in the absence of legal justification the act constituted an assault. It had been urged by Mr. Moody, for the defendant, that as Constable Mullins had, arrested the informant for hindering him in the execution of bis duty, it was lawful for the defendant to lire reasonable force in removing the informant from his seat when he refused to move. His Worship did not think that Constable Midline actually arrested the informant, but told him that he would be charged with hindering a police officer in the execution of his duty. An arrest in such a case would be unnecessary and improper, as the iniormant's home and address were known to the officers, and a summons would have been effectual. The

circumstance? did not justify a summary arrest or the commandeering of the informant's cab. The crux of the case appeared to be the seizing of the <_ab. The alleged assault was due to the defendant's desirts to obtain possession of the cab in spite of the informant's equally strong desire to retain possession. No doubt the police officers were in an unpleasant predicament as they were surrounded by a hostile crowd, with two refractory prisoners, and no other cab was available on the stand. The defendant chose what appeared to him to be the lesser of two evils. It was perfectly clear, that Sergeant Fraser had acted in the honest belief that he was within his legal rights, and it was also clear that the force used would not have been unreasonable had there been a legal justification for ito exercise. The informant had suffered indignity, though no personal injury. "I do not think in such a case," concluded the judgment, "where a police officer, in trying circumstances, has acted mistakenly, but honestly in the execution of his duty, that a conviction (which might result in the officer's dismissal) should be recorded, although "a technical assault was committed. It must also be borne in mind that The Police Force Act, 1913, which makes failing to. assist the police & punishable offence, had just come into force, and that the defendant may, reasonably be supposed to have been in doubt as to the exact extent of his rights in such a case as the present. No conviction will be recorded, but I shall make an order under Section 92, of The Justices of the Peace Act, 1900, for the payment by the defendant of the informant's costs, £2 Is. - ,