UNUSUAL CASE

New Zealand Herald, Volume LXXIII, Issue 22332, 1 February 1936, Page 15

UNUSUAL CASE

CHARGE AGAINST OFFICE INSPECTOR OF POLICE ALLEGATIONS BY COUNSEL "WITNESSES APPROACHED" [by telegraph—OWN correspondent] GISBORNE, Friday Interference with witnesses for the prosecution was alleged' by Mr. L. T. Burnard, counsel for informant, when a criso under a private information against the inspector of police at Gisborne, Henry Martin, was called in the Police Court to-day, and on this; ground leave to withdraw the charge was asked. The magistrate, Mr. E. L. Walton, refused to do this immediately, ,and further adjourned the case to February 10. Martin was charged with indecency 011 Waikanae Beach. Mr. J. S. Wauchop, counsel for the defence, suggested that the charge was the result of a plot against the inspector. "This case," Mr. Burnard said, in asking leave to withdraw the charge, "was first called on for hearing; on December 20. At or about that time Martin took holiday leave, and shortly afterward Inspector (1 W. Lopdcll arrived and took charge of the station. This was, in . itself unusual, for the ride is that the next in command take:? charge while the inspector is away. By an equally uncommon coincidence, Inspector Lopdell proved to be a friend of Inspector Martin's of 30 years' standing, and his advent lias been accompanied by the most extraordinary procedure on the part of the Police Department —interference with our leading witnesses. Witnesses Approached "1 find," Mr. Burnard declared, "that of our seven witnesses, four have actually been approached by Inspector Lopdell, purporting to act, and no doubt in fact acting, on behalf of the Police Department. His Worship: He has right to do that. Mr. Burnard: Yes, but hiss action was unwise. Inspector Lopdell liold one of ihy witnesses that the department ■was interested deeply in the matter and that he was acting under its instructions; that he was an old friend of Martin's of 30 years' standing, and could not believe him guilty of any such act as charged. "My client and I myself," Mr. Burnard added, "are both satisfied that our ■witnesses are seriously disturbed by the action of the department, and that the manner in which they have been approached has prejudiced our case. My client, feels that the case has taken a course which compels her withdrawal. "Shaken and Intimidated" "Here four vital witnesses have been seen 'and their full story obtained. They have been both shaken and intimidated —shaken by the suggestion that complainant's action is too harsh, and intimidated by the intimation of the department's interest in the matter. And all this has been done under the deliberate instructions of the department, which ;has apparently sent Inspector Martin's friend hero for that very purpose. .1 submit that the case has gone beyond the stage where it can be handled by a private citizen, and I ask leave to withdraw." Mr. Wauchop, counsel for the defence, said he would reply immediately so that his statement could be published at the same time as that of the other counsel. Sufficient damage, he added, had been done already to a man of- good repute. Mr. Wauchop said that the allegations, as told to him by Mr. Burnard, were that it was Martin's custom to remove his bathing suit and ■dry himself under cover of his dressing gown, and that on this occasion eithe»r,.by accident or design his gown icame Open.

Alleged Act of Constable t At the time this information was ilaid, he went on, two constables were facing a very serious charge. It was ;p.n astonishing fact that all the witnesses, as far as counsel could find out, were seen by one or other of thi::se two constables. "Only last weiek," Mr. Wauchop said, "two witnesses came forward and volunteered a statement to me. One' is the president of the' Waikanae Beach Society, Mr. Nicol, who said the case had been worrying him and he wished he had come forvrard before. He said that one of the constables, Constable Scandrett, had made a complaint about Martin undressing on the beach. He talked so much about his duty and what' he ought to do that Mr. Nicol asked him, 'What is behind all this? What is the trouble between you and your inspector?' and Scandrett told a number of things about Martin." Suggestion of Plot Mr. Wauchop said that other, citizens had done the same thing on. the beach as that alleged agiiinst Martin, and he had witnesses to say that they had bathed at the same time as Martin and they had seen him make his changes, but had noticed nothing wrong with what he had done. His Worship: I saw Martin do the same thing 12 months ago, and there was nothing wrong with what he did then. Mr. Wauchop: One day when I was waiting for a bus Constable Scandrett asked nje, "How does a man t get an ■anonymous letter written? I would like to get one sent to headquarters about our chief." I asked, "What has ho been doing?" He replied, "He has been undressing on the beach." "With that knowledge," Mr. Wauchop proceeded, "can we have any other idea than that the whole case was plotted arid planned against the inspector? An effort was made to bring it on in the dying moments of the old year, and if it had gone on one of the most disgraceful plots in the history of the police force in New Zealand would have been thoroughly exposed. I regret the application to withdraw the charge."

Withdrawal Refused | His Worship: I am not going to consent to a withdrawal when the reason for withdrawal is an allegation that witnesses have been corrupted. There should he an inquiry of some form, and the present case will be adjourned for a month. Mr. Wauchop: IF the case is going to be gone on with our intention is to elect to go before a jury. It is a most serious position for Martin to be placed in. His Worship: It is more serious if witnesses have been interfered tvith. Allegations have been made by counsel. Mr. Wauchop: It is quite easy, for allegations to be made. His Worship: And they might bo true. Mr. Wauchop remarked that it was unusual for counsel to come without warning and ask for withdrawal of a case. , ' The Magistrate: The whole thing is unusual. It is unusual for an inspector of police to be charged, and unusual that an allegation sibould bo made that wjtriessps have been I propose to report the matter to the Jnstico Department, and they can do what they like. The matter has now reached a stage when it may be necessary to insist that the witnesses in the case should come Here. The matter of withdrawal rests with the Court. ■