POLICE REPRIMANDED

Taranaki Daily News, 23 February 1935, Page 6

POLICE REPRIMANDED

HAWERA COURT INCIDENT OFFENCE MENTIONED. MAGISTRATE DISMISSES CASE. DOCTORS’ VIEWS IN CONFLICT. "It is regrettable that such references should be made while a man is on trial. Such references should be studiously avoided by the police, and I wish to mark my views on this question by dismissing the case,” said Mr. W. H. Woodward, S.M., when dismissing a charge of being intoxicated while in charge of a motor-car against Matthew Duggan, farmer. : £ . Mr. Woodward was referring to statements made by Constable Thomassen and Sergeant Henry regarding a previous conviction on the same charge against Duggan. Sergeant Henry prosecuted and Mr. M. Niccol appeared for Duggan. Dr. A. M. Young and Dr. W. F. Buist Were called in by the police after Duggan’s arrest, and. while Dr. Young considered Duggan fit to drive a car, Dr. Buist .considered that he was not in a fit state to do so. The offence occurred oh December 19, said Sergeant Henry. Dr. W. F. Buist said he knew Duggan. About 5.15 p.m. he was called to the police station to examine Duggan and he considered hint theh to be under the influence of alcohol, and not in a fit condition to drive-a motor-car. Duggan’s circulation showed decided signs of alcoholic stimulation. His pulse faster, than usual, his face suffused, hands with a ti-emdr and slurring of the speech were noticeable. Duggan, admitted to witness that he had had several shandies. TO Mr. Niccol, Dr. Buist said he had attended Duggan’s wife and Duggan’s general character was good. He had met Dr.- Young outside and when Mr. Niccol read Dr. Young’s certificate, agreed that the difference was marked. Duggan had persistently requested to be allowed to demonstrate his driving capabilities. ASLEEP AT WHEEL. ' ' ' e Constable Thomassen said that at 4.30 he went, acting on inforxhatidri, to the car and found Duggan asleep at the wheel. There was ah exceptionally, strong smell of liquor in the car and Dugg'ah was shaken three times before he woke. Duggan did not understand where he was, and so Thomassen ordered a taxi. Duggan was very unsteady on his feet and, on the way to the police station, explained that he had been up very early the same morning, falling asleep while waiting for his children. When he first sfew Duggan, the constable had no doubt he was in an unfit State to drive a ear. Duggan had admitted having shandies; he did not know how many. Cross-examined by Mr. Niccol, Constable Thomassen admitted that Duggan had mentioned drinking .ponies. At the police station, Duggan smoked four cigarettes in a charter of an hour. Constable Donovan and Sergeant Henry gaVe corroborative evidence. Both Sergeant Henry and Constable Thomassen mentioned in evidence that Duggan had been previously convicted and the magistrate agreed With Mr. Niccol that-the evidence should not be noted. There existed a reasonable doubt, said Mr. Niccol, for defendant. The police had not shown Duggan to be guilty beyond doubt and the sergeant was bound by the expert evidence of medical witnfes&fes. Duggan had worked, four.hours the night before killingja beast, a.nd risen early the next day, after suffering, during the night from diarrhoea. He hah driven into Hawera, and. admitted having some shahdies. , _ The defendant had not been given .a chance to nominate his own doctor said Mr. WoOdward, ahd the evidehce Of thfe two doctors was therefore the case for thfe police.