DETECTIVE SUED

New Zealand Herald, Volume 81, Issue 24825, 23 February 1944, Page 7

DETECTIVE SUED

DAMAGES CLAIM PAILS

A WATERS!DER'S COMPLAINT

A claim for £750 damages for wrongful detention was brought against a police officer before Mr. Justice Callnn and a jury yesterday. Plaintiff was William Featlierston (Mr, Noble), a waterside worker, who made claim againstDonald Alexander Halpin, acting-detec-tive (Mr. Henry). Plaintiff alleged that on July 16 last .Detective Halpin wrougfullv took him from his work on the Prince's Wharf in the presence of a number of men to the police station and charged him with the theft of butchers' knives or receiving them knowing them to have been stolen. His character had been slandered and injured by innuendo. The defendant denied that there had been any detention, but if there had been defendant had acted 111 good faith in the prosecution of a bona-fide inquiry. Butchers' Knives Pawned Mr. Noble said that plaintiff, who was a slaughterman bv trade, came from Australia in 1937. Before he left Sydney he arranged with a firm there to put aside a number of. butchers' knives for him. These were later sent on to him, and he pawned some of them at a citv pawnshop last July. When he went for thorn a fortnight later lie was told the police were holding the knives pending an inquiry.

Continuing, Mr. Noble said that De-tective-Sergeant Aplin got plaintiff to go to the police station, and after full investigation there he was completely exonerated and got his knives hack. At 11 o'clock that night the defendant, Detective Halpin, called plaintiff lroin his ivork at the wharf and inquired again into this matter of the knives which had already been thoroughly thrashed out. Defendant knew or should have known that.

J n evidence plaintiff said bo had had -'ls knives put away for him in Sydney. Some of tlie.se he had sold to mates and ■some he had pawned. He had never been so humiliated in his life as when he was marched past a crowd of men at the wharf gates. "Good Imitation of Arrest" In cross-examination plaintiff said his earnings had not diminished since this incident. He had earned up to £BOO a year, but not on the waterfront. He considered that what had happened to him was a very good imitation of an arrest. Defendant had said he was inquiring about some stolen knives, but he was quite satisfied with witness' explanation. Witness' complaint was about this second inquiry. Mr. Henry said that defendant was an acting-detective engaged last year in inspecting the transactions of secondband dealers. Early in the year a number of new skinning knives had been stolen from the Longburn freezing works. Defendant found that a number of new knives of the same brand had been pawned by William Featberston, who turned out to be plaintiff. The first opportunity defendant had of interviewing him was on the evening of Julv 16, and he then had no knowledge that plaintiff had been interviewed previously that day. Plaintiff was very willing to be interviewed and establish his innocence, and made no complaint. There was no threat and no arrest. Pawnbroker's Mistake In Names

Defendant detailed the inquiries he had made after finding the knives at a pawnbroker's. He. said that no charge was made against Fentherston nor any warning given him. Witness was perfectly satisfied with plaintiff's explanation. He denied that he had detained plaintiff.

Detective-Sergeant F. N, Aplin desenbed an interview he had had with plaintiff, but said he had taken no statement from him. The pawnbroker had sent for witness in mistake for Halpin, who had the matter in hand. His Honor said the first question for the jury's consideration was: Did the detective by his manner and language compel plaintiff to go with him to the wharf police station or did he request him: A second question was: Did plaintiff while still at the timekeeper's office inform defendant of the previous investigation of the matter? There was much conflict in evidence on these questions. Police Interviews If they answered that the detective did not compel, His Honor continued, they need not consider the question of damages. Police officers interviewed all kinds of people who were not guiltv or even suspected and it was wildly" uncharitable and unreasonable to jump to the conclusion merely because a man was asked for bv a police officer that therefore he was suspected of some offence. After 25 minutes the jurv found that defendant had not compelled plaintiff to accompany him and awarded no damages. , Judgment was entered for defendant with costs. The jury added a rider that any correspondence between detectives n't the head office should be on full-sized pieces of paper.

DEMOLITION OF WALL

EXCITEMENT IN SYDNEY SYDNEY, Feb. 19 A heavy section ot the baffle wall erected to protect Sydney's general post office, in the event of bombing raids, was made to crash into Pitt Street during demolition operations the other niolit. 1 lie section, it was estimated, weighed about 50 tons, and there was much excitement among workmen and spectators when a lorry, with a tow rope, pulled the wall over to a leaning position while men with oxy-acetyleno gear cut through heavy bolts 'that pinned the wall to the columns of the colonnade. A young man ignored shouts of alarm and warning and continued to walk near the wall as it .was on the point of collapse. A man named Tony, in charge of the operations, _ dashed up and down the street, waving his arms, as he warned everyone to keep back. The wall collapsed, and there was a terrific crash. A policeman on duty in Hunter Street rushed up to, investigate, but by the time he arrived the workmen were busy clearing the tramlines of debris. The young man who had been near the danger area shortly before returned, and threatened to tight one of the workmen. The workman refused to respond, but Tony advised his man to "call the police if he had any trouble with him." It is expected that demolition will take about five weeks to complete. "WORST BLACK MARKET" LIQUOR HOLD TO SOLDIERS SYDNEY, Feb. 19 Gaol sentences with hard labour totalling 30 months, and fines totalling £490, were imposed by Mr. Atkinson. S.M., in the Special Court, Sydney, for traffic in liquor by 10 seamen, including four Chinese. It was admitted, according to the prosecution, that defendants purchased the liquor in Sydney and Newcastle, from sources they declined to disclose, lor sale to the troops at prices up to £4 and more a bottle. In all, 812 bottles of spirits, mainly imported and Australian whisky and gin, were seized by customs and police officers. All the defendants except the Chinese gave notice of appeal. "I can hardly imagine a more despicable act. than that of some of these men." Mr. Atkinson said. "It is the worst form of black marketing I have come across."