ALLEGED SLY GROG

New Zealand Herald, Volume 79, Issue 24250, 16 April 1942, Page 6

ALLEGED SLY GROG

THE BURDEN OF PROOF (0.C.) PUKEROHE, Wednesday A fruiterer and confectioner, Don Sears, was charged before Mr. F. H. Levien, S.M., at Pukekohe, with selling liquor without a licence on or about March 14. Sergeant Kelly gave evidence that he and Constable Home searched defendant's shop, in West Street, Pukekohe. Nine bottles of whisky, 56 of ale and stout, • three of wine, and two empty bottles of wine were . Defendant stated to witness that in the 20 years he had been in the shop, he had never sold any liquor. What was there was for his own use and entertaining his friends. Witness seized the liquor. Figures of purchases of liquor by defendant were given. Mr. Grierson, for defendant, submitted that no sale of liquor had been proved. The sergeant produced the Licensing Act Emergency Regulations and said that if it was shown there was reasonable cause for suspicion the burden of proving that the offence was not committed was on the defendant. Commenting that this was a departure from the age-old principle of law that the burden of proving a defendant guilty was on the prosecution, the magistrate adjourned tne hearing until April 29 at Pukekohe.