TREATED AS HOSTILE

Otago Daily Times, Issue 27387, 12 May 1950, Page 7

TREATED AS HOSTILE

Witness Denies Earlier Story ACCUSED DISCHARGED An unusual course was taken by Mr J. D. Willis. S.M., in the Magistrate’s Court yesterday, when he declared a police witness hostile and thereby allowed the witness to be cross-examined by Chief Detective Hall, who conducted the prosecution. The accused was Kevin Patrick Dooley, aged 20, a labourer,, for whom Mr C. J. L. White appeared. He was charged with breaking and entering the countinghouse of Gadsden and Co., Ltd., Moray place, with intent to commit a crime. He was further charged with breaking and entering the premises of Sotting Bros., Stuart street, and stealing the sum of £1 2s 6d and with breaking and entering the dwelling of James Albert Curtis, Castle street, and stealing a postal note and two bank notes of a total vaino Of £2 10s. . After hearing evidence, the magistratedischarged the accused on the first charge, and the other charges were withdrawn by leave of the court. Evidence of having found that the office of Cadsden and Co. had been broken into was given by two employees of the firm, Leon Stapleton Coulton and Vera May Hamer lan Maxwell Joseph Sidon said that in March last he was living at Ravensbourne. Witness knew the accused, who had visited him on three or four occasions at Ravensbourne. The accused called to see him about March 20 last and stayed for about half an hour. He was.not on good terms with the accused when he left, and he could not remember what was discussed. . To the magistrate, witness said that the reason the accused had called to see him was that he had a friend on a boat at Ravensbourne. Referring to a statement he had made to Detective T. M. Turnbull, witness said: “ I made a false statement to him when I said that Kevin Dooley had done thejob.” Chief Detective Hall: Did you meet the accused on the following day?—l think I went to the pictures with him in the evening. Nothing was mentioned about Gadsdens. v “ It is obvious that we cannot get any. further .with this witness,” the chief detective added. The magistrate: I have power to declare him a hostile witness. Mr White said he would object to such a course, as the chief detective had ■ finished his examinaetion. James Lawson Mclntyre, -who stated that he was at present awaiting trial, . said that on March 20 he was staying • at a private hotel in the city. Witness knew the accused, and on March 20 he called to see witness. “ I have only a idea of the conversation.” wit- ! ness continued. “ Both of us were hard,',, up and we began talking about getting * some easy money.” Witness said that - he mentioned in the course of the conversation that next day would be pay day at Gadsdens, and that there should-,, be a fair amount of money lying around Witness explained that both he and the accused had been employed by the firm.' J When witness made a suggestion that the>accused should break into the place, the 1 ' accused said he would not do it. The chief detective: Is the story you are telling now correct? —Yes. Did you tell a different story at the beginning?—Yes. Witness added that he knew that he had given a written statement to the. police previously about the matter. The chief detective then asked that the witness should be declared hostile, and the magistrate granted the request. Asked why he had made the earlier' statement to the police, the witness said:'”“I thought that the police might help me. if I helped them.” The chief detective: When did you decide to change your story?—l told the r . police yesterday. He added that when,, he made the statement to the police he. did not care whether the accused got into ' trouble or not. To Mr White: Witness had not been charged with breaking and entering Gadsdens, but he expected to be. Mr White: Did you do, the job?—Yes. Witness explained that he did it alone. The magistrate: Did you tell tire accused that you intended admitting the offence?—Yes. Detective T. M. Turnbull gave evidence of having arrested the accused at Coal Creek on April 24, witness being accom-', panied by Detective C. G. Evans. Witness told the accused that the previous witness, Sidon, had admitted 40 offences, , mostly breaking and entering, and that he had Implicated the accused in some of them. Detective Evans gave corroborative evidence Mr White said there was not a tittle of evidence to connect the accused with the offence or to justify the case going for trial. Capping Day Episode “ It can be appreciated that a certain amount of fun can be allowed on such occasions, but there was no need for you to behave like a larrikin.” These’.remarks were addressed by Mr Willis to ■; a University student, Francis Mortimer McCarthy, aged 21, who was Charged with , having behaved in a disorderly' manner while drunk on the previous day. The defendant, who pleaded guilty was dis- - charged. . Senior Sergeant: Wootton said the defendant had taken part in the Capping Day celebrations, and about 4 o’clock he ’ went over to a car in the street and kicked at it. When the driver remonstrated with him the defendant “ showed fight.” and he was taken to the Police Station, where he still persisted in fighting. Committed for -Trial John Turner Leonard Wynn, aged 59, a baker, pleaded not guilty to two charges of indecent assault on two girls, aged eight and nine years .respectively. The accused, who was represented by Mr A. G. Neill, K.C., with Mr R. G. Calvert, reserved h?s defence, and was cornmittea for trial at the sittings of the Supreme Court. Bail was renewed in his own recognisance of £IOO and one surety of £IOO.