CONDUCT OF CASE

Waikato Times, Volume 125, Issue 20917, 23 September 1939, Page 5

CONDUCT OF CASE

POLICE CRITICISED INTOXICATION CHARGE (By Telegxapn.—Press Association) WELLINGTON, Friday Exception to the conduct of a case by the police was taken by the magistrate, Mr J. M. Luxford, in a prosecution alleging intoxication in charge of a car. Accused had been examined by a doctor, whose certificate was that he was not intoxicated, but the police closed the case without calling the doctor. To the magistrate the police said the doctor was in Court, but it would cost £1 to call him. They intimated that the doctor's certificate would he put in. The Magistrate: “The point is this: Here is a man charged with a serious offence and the police had him examined. It is the duty of the prosecution to put all relevant facts before the Court and not merely the facts on which they think are going to secure a conviction. The prosecution has a duty to perform, both to the public and to the accused.” The doctor was then called, and said accused when he examined him was certainly not in a state of intoxication. After further evidence the case was dismissed. Second Case William James Reille, aged 32, a slaughterman, similarly charged, was convicted and fined £ls, with the suspension of his licence and a prohibition from obtaining one till six months after May 31.