POSSESSION OF OPOSSUM SKINS.

Otago Daily Times, Issue 20500, 30 August 1928, Page 5

POSSESSION OF OPOSSUM SKINS.

LOCAL MERCHANTS CHARGED

MAGISTRATE DISMISSES IN-

FORMATION

The firm of .1. K. Mooney and Co. was charged in the City Pojice .Court yesterday yrith being Illegally in possession of opossum skins. George, Stewart was also charged that with, .-being in possession of opossum skins, he did refuse to produce them for inspection when asked to do so by a ranger. A second charge related to similar treatment of a request made by a ranger of the Otago Acclimatisation Society. Mr G. T. Bailee appeared for the society, and Mr. W. G. Hay for the defendants, who pleaded not guilty. Mr J. R 1 Bartholomew, S.M., was on the Bench. Mr Baylcc stated that the ease had previously been before Mr H. W. Bundle, S.M. On that occasion the legality of the . ranger's appointment had 'been in question. He now wished to withdraw the previous charges and mbstitutc for them other information since laid against the defendants.

Mr Hay contended that the charges should be dismissed, and on this yoiiit he was upheld by the magistrate, who accordingly , dismissed the previous charges. The court then -went on to deal with the three, charges ■'■mentioned above.

Robert Hanning, secretary of the Otago Acclimatisation Society, produced the minute book of the society which recorded the appointment of Fellett as a ranger. In answer to a question from Mr Hay witness said that- Pellett had .formerly been in charge of the Clinton hatcheries, but he had since been made a ranger. He also stated that it was very rarely that skins were forwarded to brokers . without an accompanying statement. but when that did occur it put the broker in a very awkward position. He admitted that perhaps the society had been a bit lax in regard to those statements. If one was sent in the society usually accepted it, but if necessary the matter could always be hold up for a day or two to allow of the bona fides of-the statement being investigated. To his mind the regulations were not a farce.

Frederick Walter Pellett. ranger for the Otago Acclimatisation Society, said he had gone to the store of the defendant firm with a forest ranger named Roach, and while there he had interviewed Stewart, the manager. He brought up the question of skins brought in by a man named Brown, and inquired whether that man had a license. Stewart’s reply to this'was that he had a license under the name of Mitchell. Witness then said he would take charge of the skins in the meantime, but at that Stewart became very excited, and exclaimed; “It is-all very well for you bush lawyers to come in here. I will see my solicitor before I part with these skins.’' The next day witness received a telephone message to say that ho could go and collect the skins, but he replied that he would go and see his own solicitor first Mr Hay said that the prosecution was a particularly ill-advised one, and he,submitted that the case should be' dismissed. In the first place there were two classes o. opossums, one class only being protected. There was no evidence to show to which class the skins in question belonged. . The second point he raised was that the charge of illegal possession had not been proved.

Mr Baylee contended that when _ a ranger demanded the production of skins he could not be expected to know to which class of opossum they belonged until he had at least had a look at them. He stressed the failure to produce the skins, and said that it did not matter to which class of animal the skin® belonged. Legal argument followed concerning the meaning and interpretation of the regulations, after which the magistrate gave his decision. It had not been proved, he said* that the skins' in question were opossum skius within the meaning of the Act and the, regulations. There was nothing at all in Pic evidence, from which he copld deduce that the skins were those of the protected Australian variety of opossum. , He was also dissatisfied with the circumstances connected with the appointment of the man who was acting as ranger tor the society, and he was not satisfied that he was-ah officer of the society under the meaning of the' regulations. • He doubted very mjch if he was an officer, as it appeared to him that an officer was not someone whose appointment was likely to terminate on any notice, long ,or short. The regulations pointed to an officer being a man with a definite status. Under the first point, however, the case must fail. He would therefore dismiss all the informations. . Costs were allowed the defendants.