CONSTABLE FINED

New Zealand Herald, Volume LXXIV, Issue 22776, 9 July 1937, Page 14

CONSTABLE FINED

FOUND IN HOTEL SUPREME COURT APPEAL QUESTION FOR MAGISTRATE A preliminnry application prior to t.ho hearing of an appeal by Constable William Butler, of Hikurangi, was heard by Mr. Justice Bced in the Supremo Court yesterday. On November 21 last at 0.25 p.m. C'onstablo Butler was found on tlio licensed premises of the Hiknrangi Hotel, and on December 10 lie was lined by Mr. G. N. Morris, S.M., £1 and costs for being on the premises at a time when they were required by linv to bo closed. Against this conviction Constable Butler is appealing, and yesterday on liis behalf Mr. Trimmer brought an application under section 311 of the Justices of the Peace Act to have the case stated by the magistrate remitted to him for amendment, on the ground that he did not include in it the fact that ho had been influenced by evidence given in a separate prosecution. Police Visit Hotel Mi*. Trimmer said that when SeniorSergeant Finch and a constable visited the hotel they found in tlio bar the licensee, Arthur Cadman, Constable Butler and three others. There were five glasses of liquor on the counter, but there was no evidence of payment. His Honor: Tlio defence, of course, is that the constable was the guest of the licensee?

Mr. Trimmer said that was so. Tho magistrate stated that the explanation tendered by Constable Butler was not satisfactory, but counsel submitted that tho magistrate had been influenced by the evidence given by the licensee not in the case against the constable. The constable gavo evidence that he went to tho hotel on police business. Tho licensee noticed that ho was not looking well, and on learning that he had had very littlo sleep tho previous night because of a sick daughter ho invited the constable to havo a drink. His Honor's Comment His Honor said ho had perused tho affidavits and a newspaper cutting, and ho thought tlmt tho appellant had mado out a prima facio case. Ho thought tho magistrate should bo asked to _ state whether, in coming to a decision in tho case against the appellant, he had been influenced by the evidence given by tho licensee. It. was quite clear that in convicting tho defendant he was not entitled to use the evidence he had heard in other cases. Mr. Meredith, who appeared for tho Crown, agreed that the course proposed by His Honor would be satisfactory. His Honor said he would give a judgment and a memorandum setting out tho questions the magistrate should answer. The magistrate would be asked whether he was influenced by the evidenco given by Cadman or by any other evidence not given in tho case against the constable. In the meantime tho appeal would be adjourned sine die.