ECHO OF TONG CASE

Waipa Post, Volume XXIV, Issue 1681, 3 November 1925, Page 4

ECHO OF TONG CASE

OHAUPO PUBLICAN PROSECUTED. CHARGES DISMISSED. Thomas Hugh Kelly, licensee of the Ohaupo Hotel, was charged at the Magistrate's Court, Te Kuiti, on Tuesday, that on 6th July, at Ohaupo, ha did assist, counsel, and procure thecommission of an *sf|ence by John Rice Tong! of .for liquor intended to be taken imo the Kawhia proclaimed area, and failing to give to the person to whom the order was given*a statement in writing of his name and address. ..

Mr Howarth appeared for accused, and Sergeant Fearnley represented the police.

IMr Howarth contended that before the licensee could be convicted it must 'he proved Chat Kelly knew when 'he drew up the order and obtained the signature of McGee (the taxi driver who was picking up the liquor) to it that it would not be a legal order, and that he practically conspired with; Tong to get the liquor. Counsel drew attention to the fact that when the police visited the hotel without warning at 3 a.m., the order was found on Kelly's file, and there was no attempt whatever at concealment.

Sergeant Fearnley said he largely relied on the fact that McGee had warned Kelly that the police were after Tong and that Kelly had ample time to get the order made out in the propter legal form. The Act referred to " any person who aids, counsels, and assists" anyone else. . The magistrate said his impression, of the former case had been that Tongwas trying to bring liquor into a proclaimed area without complying with, the Act. It was possible that Kelly had conived at that, but as soon as McGee told him that the police were looking for Tong he got McGee to sign the order. Kelly might have been—and probably was—of the opinion that the order made everything all rightThat was borne out by the fact that the following day he sent a notice to the clerk of the Court in the proper manner. Me thought it would not therefore be held that he was guilty of aiding and abetting, and he could not therefore be convicted now. The case would be dismissed.