RETURNING A STILL

Southland Times, Issue 20903, 12 October 1929, Page 4

RETURNING A STILL

ECHO OF RECENT CONVICTION. REDUCTION IN FINE SOUGHT. An echo of the recent case in the Police Court in which William Burke, a farmer residing at Grove Bush, represented by Mr G. McDonald, was fined £250 for having on his premises spirits on which the full duty had not been paid and for having there also apparatus and utensils suited for distilling or for a process of distillation, was heard in the Police Court yesterday afternoon before Mr W. H. Woodward, S.M. At the time the decision was made the Magistrate stated that if the part of the apparatus which was missing was handed to the police, he would consider recommending the reduction of the fine by £5O. It was to obtain this reduction that the matter was brought up yesterday afternoon.

Senior-Sergeant Fox stated it had certainly been stipulated at the conclusion of the case that if the still was returned the fine would be reduced by £5O, but he did not think it was intended that the period for the return of the plant should be indefinite. In his opinion it should be found out where the still had been in the interval and if any “Hokonui” had passed through it since. Then, again, there was the question whether it was the same still which was in the case previously before the Court. "We would be walking like blind men in accepting the still now,” said the SeniorSergeant, who, continuing, stated that the things he mentioned should be taken into consideration before the recommendation was granted by the Court. Mr McDonald stated that the Collector of Customs had expressed willingness to have the still returned as stipulated provided it was the same still concerned in the case.

The Bench asked why the matter of its return had been left so long.

Mr McDonald replied that the still belonged to another man. Senior-Sergeant Fox asked if the original owner would take it to the police station. Mr McDonald: No, Mr Burke will take it.

The Magistrate stated that when giving his decision in the case he should have specified the time in which the still was to be returned. He was bound, however, by what he said and would keep by it, commenting on the various points raised as fairly as he could.

Mr McDonald brought up the point that if the Collector of Customs was not satisfied that the still returned was the original one, it would be confiscated and his client would have to pay the £5O. "I am not here to make bargains with an offender,” said the Magistrate, who said he would deal with the matter as fairly as possible. Senior-Sergeant Fox suggested that the still should be held until decision was given. / The Magistrate said he thought the still should be surrendered. Mr McDonald: When the still is returned will there be any further action against defendant?

“You had better see the Inspector of Police about that,” said the Magistrate in conclusion, repeating that he would exercise his own discretion in the matter. "I never make bargains.”