POLICE S.O.S.

Southland Times, Issue 20206, 17 June 1927, Page 4

POLICE S.O.S.

AID ALLEGEDLY REFUSED. MAGISTRATE DISMISSES CHARGE. A somewhat unusual charge, that of failing to come to the assistance of a constable when called upon, was preferred against Henry Craven McGavock in the Police Court yesterday. Sergeant Fox conducted the prosecution on behalf of the Police, while Mr, Eustace Russell appeared for defendant. Sergeant Fox said the charge was brought under Section 33 of the Police Offences Act and was really an echo of a case heard at the court on April 25. On April 16 a constable had occasion to arrest a man and while doing so was impeded in his duty by the man’s father. He called upon McGavock, who said something and walked away. Later when interviewed by the Police he refused to make a statement. Constable Dunlop detailed the events up to the time he called upon McGavock for assistance. He was certain McGavock was the man he called upon, but he could not say whether he called him by name. Constable Rusbatch said that he called on defendant and asked him if he had any statement to make as to why he had not gone to the constable’s assistance. Defendant’s reply was that that was the first he had heard of being called upon. He said that he did not go to the constable’s assistance because the man concerned was a friend of his but had the constable called upon him he would have rendered assistance. Mr. Russell said the case was clearly one of mistaken identity. McGavock knew nothing about the fracas until it was nearly over. As it was he did everything he could to assist the police, telephoning, first for a taxi, as the constable had ordered, and then to the station. That was not the action of a man who refused t-o assist the police. It was obvious that the constable had taken someone else for McGavock, a mistake easily made in the circumstances. The Magistrate said that there was a possibility that a mistake had been made. He would therefore dismiss the case.