AN APPEAL CASE.

Wairarapa Daily Times, Volume LIX, Issue 9212, 3 November 1908, Page 5

AN APPEAL CASE.

SERGEANT MILLER v. KENNEDY

APPEAL ALLOWED

OUSTS AGAINST RESPONDENT

A matter arising out of tho British v. Wairarapa aud Bush Districts football match was tho subject of a judgmeut by Mr Justice Cooper at Wellington yesterday in the Ciiso PoliceSergeant Nathaniel Millor (appollaut) v. James Jo soph Kennedy, .farmer, respondent. This was a case ou appeal, stated by Mr District Judge Hasoldeu. The cause of action was assault in respect of Kennedy being removed from a seat ou tho grandstand at the Mastertou Showground, where the match was played. The defence, according to His Honour, was that tho acts complained of by the respondent were done by the appellant iv the execution of liis duty as a police officer. The damages claimed were £200. The jury fouud a verdict for the respoudent, and assessed the damages at £5. Tho District Judge gave judgment for this earn of £5, aud certified uuder tho District Courts Act, 1893, that the case was a proper oue to bring iv the District Court and awarded respondent costs ou the District Court scale. No application was, however, made to him for a certificate under section 1C) of the Poilce Force x\ct, 188(3 (which relates to costs against policemen), and it was evidence that this section was not in the mind of couusel for either party. No formal judgment had yet been entered in ac'cordaucß with the District Court rules. The appeal by the Sergeant was against the District Judge's docisiou as to costs, aud was ou the ground that no certificate of approbation uuder the Police Officer's Act had beou given. His Honour came to the conclusion that the appellant acted in the boua fide belief that as a polico officer he was justified in removing the respondent, aud though ho might have no legal right to remove the respondent on the ground that he was a trespasser, that there was evidence that he had some reasonable grouuds for the belief that the mau's conduct and condition justified the appellant's interference as a police officer. This latter element, however, was not according to the decided cases essential to entitle an officer in tho position of the appellant to invoke the provisions of section 16. His Honour allowed the appeal, aud set aside tho order for costs, and said ho did so with a direction to the District Judge that '.ie was entitled to hoar and determine upon the merits of au application lor a certificate of approbation uuder section 16 of the Police Force Act, such application, if made, to be made at the first ensuing sitting of the District Court at Mastertou, and notice of it to be given to the appellant. The appellant must have his costs for this appeal, which His Honour fixed at £5 os and court fees. Mr Herdmau, instructed by Mr P. L. Rollings, appeared for Sergeant Miller, and Mr Gray, instructed by Mr C. A. Pownall, for Kennedy.