Allegation That Constable Struck At Two Men

Wanganui Chronicle, 2 November 1948, Page 6

Allegation That Constable Struck At Two Men

A charge of using obscene language in a public place preferred against Arthur Arly Black was dismissed by Mr. J. H. Salmon, S.M., in the Magistrate’s Court at Wanganui yesterday because of lack of proof. Mr. H. M. Keesing appeared for defendant and Sergeant L. Nicol conducted the case for the police. Evidence was given by Constable Burgess that the incident occurred outside a dance hall. Allegations were made during the hearing of the case for the defence that the constable had struck at two men during an interview outside the dance hall. Defendant also alleged that at the Police Station the constable had rushed him back into a room and knocked him down on a seat in the corner.

In dismissing the charge for lack of proof, the magistrate said that as the case was an indictable one he- had to place himself in the position of a jury and enter a conviction only if defendant’s guilt, was beyond reasonable doubt. “I might have a strong susnieion that the constable is telling the truth, but I cannot convict on susnicion," said Mr. Salmon.