"WITHOUT PREJUDICE"

Taranaki Daily News, 5 August 1937, Page 9

"WITHOUT PREJUDICE"

DISMISSAL OF CHARGE ALLEGED FALSE PRETENCES. SALE OF SPRINGBOK BADGES. ARGUMENT BEFORE • THE COURT. Breezy exchanges passed between counsel, Mr. C. H. Croker, and Detec-tive-Sergeant E. C. Jarrold in the New Plymouth court yesterday when the latter asked for a further remand in the case in which Edward Coyle pleaded not guilty to obtaining from a certain man at New Plymouth on July 31 the siun of ls by falsely representing with intent to defraud that a certain badge was the official Taranaki badge for the Springbok tour of l937. Coyle, who appeared before the court . on ; Monday. pleaded not guilty and the magistrate, Mr. W. H. Woodward, dismissed the charge "without prejudice." . "In fhis case I ask for a further. remand until Wednesday, August 11," said Detective-Sergeant Jarrold, after , Mr. Croker had entered a plea of not. guilty on behalf of Coyle. Mr. Woodward: "Well, you heard what I said before." Detective-Sergeant Jarrold: "Yes, sir, but I find it impossible to get all the witnesses here to-day. I have had only one file returned from Auckland. I have witnesses from Auckland and Wellington and numerous witnesses from New Plymouth. I am very sorry but I thought on Monday I would meet with considerable difficulty." Mr. Woodward: "I had not contemplated witnesses from Auckland and Wellington." CounseFs Protest. "I have never heard such a ridiculous or absurd request or of a trivial charge concerning ls being treated like this in all my professional career," said Mr., Croker in opposing a remand. "I do not want to interfere with the administration of justice, but this man is charged that by means of certain false pretences he obtained from a certain person the sum of one shilling and that' he falsely represented that a certain badge was an official Taranaki badge. I have brought the Hon. J. McLeod, M.L.C., chairman of the Taranaki Rugby Union, who knows whether there is anything wrong or improper about the badge. The charge refers to the sale of a certain badge to a certain person at New Plymouth. The 'certain person' cannot be at both Wellington and Auckland. It is not 'certain persons' but a 'certain person' we are concerned with. "Where is the iperson he represented it to?" asked jMr. Croker. • "The police have had Saturday, Sunday, Monday and Tuesday and this is Wednesday. I venture to assert that 'the certain person' does not exist and 1 that the police "for reasons best known to themselves are keeping Coyle from his legitimate business. It is improper. The magistrate promised us, and rightly so, that you, would deal with the case to-day, and the police knew that. If the police will give the name and address of 'the certain person' I will assist to find him. I do not want to baulk justice, but I will baulk the illegitimate use of procedure." Magistrate's View. ;' ■ "I think there is justice in what Mr. Croker says, and it appears that the case should not be further remanded," said Mr. Woodward, who considered that if there were*other cases another charge could be laid. "I rely on the provisions of the Justices of the Peace Act, and I consider it only a reaspnable request," re joined Detective-Sergeant Jarrold. . "How am I to proceed without witnesses?" .Mr. Woodward: "I cannot see why the proof is not available. If the person is not here " Detective-Sergeant Jarrold: "For the information of the court I do not know the name of the person, but I have evidence of the sale." , - - - - • , The sale was admitted, said Mr. Croker, who, intimated that thousands of other saies would be made at the conclusion of the proceedings., "Produce the man and I will be satisfied that it is not a trumped up charge," continued Mr. Croker. Detective-Sergeant Jarrold: "I think that is uncalled for. Trumped up charge? I object " • Mr. Woodward: "It is not my experience that the police trump up charges." "Did Tlieir Duty."v Mr. Croker: The police did their duty in acting on information. I make, no objection. against the arrest, but they are not doing their duty when they do not produce that - person. They should drop the case against my client ■. and the court should see it is not fair to keep him here under the circumstances." "I wish to do justice to the public I serve and justice to the accused," said Detective-Sergeant Jarrold. "I, want. to present the best case I can to the court and I will call every scrap of evidence whether it is for the benefit of the Crown or the accused." , Mr. Woodward: "I take it this is not an isolated instance of the sale of this badge, and it seems to me that if you can prove .it in this instance you can in others. I am quite clear about that." It was alleged that Coyle had the badges published and the false pretence lay in 'the word "official," which had been placed on the badge, submitted Detective-Sergeant Jarrold. Mr. Croker had said on the last court day that thousands of badges had been . sold at Auckland, but he would call evidence to show that' the badges sold at Auckland were not the same. Sellers had stated that the badge would admit the buyer to the match, and there had been numerous complaints, The mere • fact that the badge had the word "official" on it misled dozens of people, j . ' Publication Admitted. The publication of the badge was admitted, said Mr. Croker. The police had been supplied with. receipts and he was1 prepared to submit the original letter. The business was a perfectly legitimate one. • _ - ' Mr. . Woodward: "Even then it has to be shown ■ that the accused meant 'official' to mean a certain thing; that it meant entry into the park. If _ you don't. go on with the case I must either dismiss it .or ask you to withdraw it. You can then bring it- on again. Detective-Sergeant Jarrold: "Will you take some of the evidence -and then adjourn to allow AticSkla'nd evidence to be taken?" Mr. Woodward: "No." Detective-Sergeant Jarrold: "Welli sir, I.am not going to . withdraw." • . Mx-. Croker: "In :that. case I ask that the case be dismissed." . ■: • Mr. .Woodward: f'lf I have. the -powers I will dismiss it- without -prejudice." Mr. Croker: "I -have no objection to that." Quoting from ■ the. Act, DetectiveSergeant Jarrold strenuously opposed such action. Mr. Woodward: "No. I am still of that opinion. I do dismiss the charge without prejudice if I have tlie power, and that matter I will look into."