POLICE TESTS WHICH FAILED

Sun (Auckland), Volume 1, Issue 112, 2 August 1927, Page 9

POLICE TESTS WHICH FAILED

MOTORIST AND DRINK METHODS CRITICISED (.Special to THE SIX.) CHRISTCHURCH, Monday. A RRESTED for being intoxicated while in charge of a car Bernard Richard Crean was taken to the police station late on Saturday afternoon and there was examined and apparently satisfied the three young constables, who put him through the test, that he was drunk. The court, however, was not so easily satisfied which was proved this morning when Crean appeared before Mr. E. D. Mosley, S.M. The charge arose out of a collision between a motor-car and a cart. Crean, for whom Mr. C. S. Thomas appeared, pleaded not guilty to being intoxicated in charge of a motor-car in Tuam Street. GAVE CHASE Lionel Chamberlain, greengrocer, said that he was driving a cart along St. Asaph Street and the motorist came along and the car struck witness’s horse on the shoulder. Witness “had suspicions” of the driver, and, tying up liis horse, he gave chase. He l'iin down Colombo Street and St. ! Asaph Street and came up to the car outside the Wellington Hotel. Accused was there and appeared to witness to have had liquor. To Mr. Thomas: WTien he came up to him accused denied having hit the horse. He seemed to be drunk and his eyes were glassy. Constable C. Jackways, who took a statement from the driver of the car, said that the man could not give a clear explanation and his breath smelled of liquor. Crean was asked to make a statement at the police station, but seemed confused and kept mumbling. When walking a line in the passage he swayed from side to side.

Mr. Thomas: Was a senior officer .present at the examination? You say you and two other constables conducted the examination? “There was no senior officer present.” “Isn’t there always a senior officer at the station?” “Usually.” “How long have you been in the force, constable?” “Seven months.” “And you think you are qualified to tell whether a man is drunk or not? It is a thing that doctors find difficult.” “Yes, I can tell.” TALKING STRAIGHT “Jt is quite obvious what my difficulty is here, your Worship,” said Mr. Thomas. “We have the police force against the defendant. I am going to talk straight.” In addition to criticising the nonappearance of the constable, Mr. Thomas alleged that defendant had made several requests for a doctor, and these had been refused by the police. One of the requests had been made to the constable who was not called as a witness. The magistrate said that in serious cases such as this one, the c*urt had to bo satisfied that intoxication was proven. He would suggest that a senior officer of the police should be present when men were brought into the station. Apparently a senior man had been there on this occasion, but lie had not been called as a witness. That was a matter for the police and not for the court, which must found its decisions on the evidence submitted. However, the court was not satisfied. and the case would be dismissed.