POLICE SERGEANT CHARGED WITH ASSAULT.

Otago Daily Times, Issue 15986, 31 January 1914, Page 10

POLICE SERGEANT CHARGED WITH ASSAULT.

INTERESTING JUDGMENT.

(I'm United Vress Association)

AUCKLAND, January 30,

Mr Frazer, S.M., this afternoon gave an interesting judgment with regard to the charge of assault that was preferred against) police sergeant by a taxicab driver who had refused to allow his car to be used l'or the purpose of conveying a dirty drunken man to the lock-up. There was, tho magistrate said, no dispute as to the essential facts. The informant refused to hire* his cab on the grounds that one of the two men under arrest was dirty. Constable Mullms, finding that informant's cab was the only one on the stand, placed the men in it, in spite of the protests of the informant. The defendant (Sergeant Eraser) then ordered the informant in tho King's name to drive the constable and his prisoners to the police station, and on the informant still refusing the sergeant got another driver, whom he proposed to place in charge of the oar. When the informant apparently made a move to prevent the substitute driver from entering the cab, the sergeant grabbed Mm by the collar to move him to the opposite seat, but the collar broke at the stud.. It was not contended that any injury was done or unnecessary force exerted, but'in the absence of legal justification the act constituted an assault. The magistrate found that a technical assault had been committed. The cab-driver was not entitled to refuse to assist the police when called upon to do so, but that did not give the sergeant justification for summarily depriving him of his cab. The .sergeant was orcleTcd to pay costs.