CONVICTION SQUASHED.

Manawatu Standard, Volume LVII, Issue 211, 6 August 1937, Page 2

CONVICTION SQUASHED.

CHARGE AGAINST CONSTABLE. P-r Press Association. AUCKLAND, Aug. 5. The conviction in the Magistrate’s Court, AVhangarei, by Air G. N. Morris, S.AL, of William Butler, police constable, on a charge of being found after hours on licensed premises at Hikurangi, has been quashed in the Supreme Court by a judgment given bv Air Justice Reed. ‘The facts are that at about 9.25 p.m. on November 21 a sergeant of nnlice and a constable went to a TTikurangi hotel where, in the private bar, they found the licensee and four persons, of whom appellant was one. There were five drinks on the counter. Cadman, the licensee, was charged with selling liqour after hours and exposing liquor for sale; the four others appeared on the same charge as appellant. In the case against Cadman, appellant gave evidence as a witness for the defence. The decision was reserved. Appellant’s evidence, as given in Cadman’s case, was taken as given in his own case and supplementary questions were asked. Decision was reserved.

The charges against the other accused were then heard, after which the Magistrate delivered a judgment convicting oil accused. “The Magistrate waited until he had hoard all .the cases before announcing his decision on any of them.” said His Honour. “Although a Magistrate is entitled to do this, it is a. dangerous proceeding for. if he has allowed the evidence that he has heard in one case to have any effect on his judgment on another, that judgment cannot stand.” His Honour added that the circumstances raised a strong inference that the Magistrate had allowed himself to be influenced by the evidence called in Cadman’s ease. The appeal was allowed and the conviction quashed.