CONVICTION QUASHED.

Ashburton Guardian, Volume 57, Issue 253, 6 August 1937, Page 3

CONVICTION QUASHED.

WHANGAREI LICENSING CASE. (Per Press Association.) AUCKLAND, August 4. The conviction in the Magistrate’s Court at Whangarei by Mr G. N. Morris, S.M., of William Butler, a 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 by Mr Justice Reed. It is stated that about 9.25 p.m. on November 21 a sergeant of police and a constable went to the Hikurangi Hotel, where, in the private bar, they found the licensee and four persons, of whom the appellant was one. There were five drinks on the counter. The licensee, whose name wa9 Cadman, was charged with selling liquor after hours and with exposing liquor for sale, and the others appeared on the same charge as the appellant. In the case against Cadman the appellant gave evidence as a witness for the defence and decision was reserved. The appellant’s evidence as given in Cadman’s case was taken as given in his own case, and supplementary questions were asked. Decision was also reserved in this case. The charges against the other accused were then heard, after which the Magistrate delivered pudgment, convicting all the accused. “The Magistrate waited until he had heard all the cases before announcing his decision on any of them,” said his Honor. “Although a Magistrate is entitled to do this, it is a dangerous proceeding, for if he has allowed evidence that he has heard on one case to have any effect on his judgment on another, that judgment cannot stand. His Honor added that the circum stances raised a strong inference that the Magistrate had allowed himself to be influenced by the evidence called in Cadman’s case. The appeal was allowed and the conviction quashed.