POSSESSION OF OPOSSUM SKINS.

Otago Witness, Issue 3886, 4 September 1928, Page 5

POSSESSION OF OPOSSUM SKINS.

LOCAL MERCHANTS CHARGED. MAGISTRATE DISMISSES INFORMATION. Ihe firm of J. K. Mooney and Co. was charged in the City Police Court on Wednesday with being illegally in possession of opossum skins. George Stewart was also charged that with, being in possession of opossum skin'-, 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. Baylee appeared for the society, and Mr W. G. Hay for the defendants, who pleaded not guilty. Mr J. R. Bartholomew, S.M., was on the Bench. Mr Baylee stated that the case 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 'ubstitute for them other information since laid against the defendants. Mrz Hay contended that the charges should be dismissed, and on this point he was upheld by the magistrate, who 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 Pellett 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 these statements. If one was sent in the society usually accepted it, but if necessary the matter could always be held up for a day or twe 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 ip the meantime, but at that Stewart became very excited, and exclaimed: “It is Jill 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 he 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 tn. first place there were two classes 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 skins belonged. Legal argument followed concerning the meaning and inteipretation of the regulations, after which the magistrate gave his decision. It had not been proved, he said, that the skins in question were opossum skins within the meaning of the Act and the regulations. There was nothing at all in ‘he evidence from which he could 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 ror the society, and he was not satisfied that he was an officer of the society under the meaning of the regulations. He doubted very micli 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.