CONSTABLE CHARGED.

New Zealand Herald, Volume LXIII, Issue 19406, 14 August 1926, Page 10

CONSTABLE CHARGED.

ALLEGED OBSCENE LANGUAGE COMPLAINT BY MOTORISTS. MAGISTRATE DISMISSES CASE. "This is an unusual case in that the Police Department is prosecuting one of its own constables," said Sub-Inspector Lewin in the Police Court yesterday, when Archibald Moora (Mr. McVeagh) was charged with using obscene language in Quay Street.

The sub-inspector said accused was charged as the . result of a cmnplaint by Mr. 'D. • A. Vaughan-Philpott, supported by Mf. A. B. Stewart, both men of good character and standing in' the community. They were, emphatic that the language complained of was used. Defendant at the time of the alleged offence was in company with Constable Shields and both constables, who were men of good character with good records, emphatically denied that the language was used. The department regarded the complaint as so serious that it was felt the propor and only course was to charge the constable so that all the evidence available might be elucidated and tested in open Court just, as in the case of a civilian. Thii sub-inspector said that oh Juno 24 Stewart was travelling down Queen Street in a motor-car, accompanied by' Philpott. The. car was turning round the silent policeman at the Intersection of Queen Street and Quay Street when the two constables approached from the direction of Queen's Wharf and one of them- called out something about the • lights of the car. One Light Not Burning,

The complainants stopped their car to ask what was the matter and when told that their lights were not burning properly- said they were dimmed. Philpott then got out of the car and found that one of the headlights was not burning. While he was getting into the car, according to his statement, the language complained of was used by the constable. Douglas Arthur Vaughan-Philpott, an ex-captain in." the Indian Army, and Alistair Buchanan Stewart gave evidence as outlined. They said there was no heat at all in the conversation with the constab! 0 M.r. McVeagh said it was a' significant fact that both witnesses agreed that no provocation was given to the constable. But there was a very serious disagreement in the terms of the expression alleged to have been used as written down by them, and also in comparison with the words of the charge. In cases of this sort there was always a strong presumption of innocence and especially in the case of a constable, as very careful inquiry was made regarding his character, before lie was admitted to the Police Force. Accused had an excellent record in the force and had not been guilty of even a trifling breach of the regulations. There would be a direct and positive denial by the constable and'his companion, that the language was used and in cases where the evidence! on thes two sides was evenly balanced authorities were agreed that evidence of previous good character might be allowed to weigh in favour of the accused. The Constable's Version. Accused, in evidence, said that :when he called out to Stewart the latter slowed down, but did not stop. The conversation was carried on while the car was, moving afc a walking pace: . Philpott did not'leave tl\e car When" Stewart denied that his light;was out-witness Baid, '"You know perfectly well that your light is out. You know as well as L do." Witness,, did not use the language mentioned in the charge. There was no occasion for vehement language. .'' Constable Shields gave similar evidence. He- said "he had- known accused for over four years and had lived in the barracks with him, but " bad' nevef heard him-use foul language. ' Evidence regarding "accused's character was also given by Sergeant Flanagan, Detective-Sergeant O'Brien, .Charles Grant, J. p. Henry, S. L., _lnn.es, tragic clerk of the Union Steam Ship Company, Constable Skinner and. J. J. Sullivan, solicitor. The magistrate said that' listeners frequently made mistakes in regard to words used. The complainants had probably misunderstood a word used by the constable and intefpreted it as an obsceno expression. There must have been a mistake. There was no inducement for the constable, with his reputation and his responsilibity, to use the language alleged. The charge would be dismissed.