HINDU FINED

Bay of Plenty Beacon, Volume 7, Issue 48, 11 February 1944, Page 5

HINDU FINED

LIQUOR TO MAORI WOMEN

INCIDENTS AT KUATAHUXA

That he totally disbelieved the story told to the Court by the' defendant and his witnesses was among the final summing up by Mr S. L. Patterson, S.M., in the Rotorua Court last Tuesday, when a Hindu, Ratanji Dayha, was convicted and fined a total of £100 and costs on two counts of supplying intoxicating liquor to Maori women, at Ruatahuna. "This type of; otfencc is a most serious one and in the circumstances if I' had the power under the Act, I would send defendant to prison without an option. I don't believe his statements and, taking into consideration the offence, interfering with witnesses and for rank perjjury B am going to tine him the maximum amount." added Mr Patterson. The witnesses, the magistrate added, should not receive payment for coming to Court to tell such obviously incorrect stories and he ordered that they only be allowed the ■cost of transport J)3 r the Court.

Signed Statements Refuted Senior-Sergeant J. H. MeLeod conducting the case for the police, received his first surprise when lie discovered that the two Maori women concerned, who had signed statements lo the elfect that they had been supplied with liquor, just "couldn't remember" or had ''not Avhat they had. signed." The first police witness called, a married Maori woman of Ruatahuna, said that she had visited Dayha's -store to pick up a bag of sugar :ii 10 p.m. There were Hindus there "when she called and she. frankly admitted that she had been under the influence of liquor but had not obtained it at defendant's place. She could not remember making ft signed, statement to a police constable. Constable Bidois had arrived about midnight, she admitted. The other Maori woman, from the box, said that she too, had visited Dayha's that evening. She had had no liquor there but had drunk some previous!}'. Witness could not say that the signature, of the statement was in her writing, although she admitted that she had been under the inlluence of liquor when arriving at the. place "about (i p.m." 'T had some drink at home and then met a friend and had some more," she added cryptically.

Constable's Version At this stage, District Constable L,. Bidois, of Te Whaiti, was called to give his. version of events. Following a message received to the effect that a disturbance was occurring at Dayha'.s store, he had travelled 20 miles to investigate, -said the constable, who told how, on arival, he. had noticed a woman with menfolk at the back of the premises. One of the .Maori women concerned had been leaning over a Hindu, -sitting on a form, with her arms around him. Obviously she had had liquor. After receiving permission from the occupier the policeman had entered a sitting-room where there were a number of Hindus, and the other Maori- woman. Bottles, he said, were about and. revealed, indications of having recently contained liquor.

Plea for Chance Constable Bidois said tluit when leaving with tlie women, .Dayha had approached him and asked to be ''given a chance." Witness had then icmindcd. defendant that, lie had previously been warned. "You are no friend ol' mine, Dayha had' stated, said the eonstable, who had replied: "Then you keep on your side of the road and I'll- keep on mine." Constable Bidois went on to say liow, after waiting lor a reasonable period—to let the women reach a sufficient .stage to realise! what they were doing—he had asked them for voluntary statements, which they had made and signed, testifying ■that at Daylia's place they had been supplied with liquor.

Case for Defendant Defendant, Davha, in evidence said that he had invited some Hindu relations to his place on the night of the. incident. There had been two Maori men present also. He. and his friends had had some liquor before having dinner before 6 p.m., but there had been none in the room when the constable had arrived. It was not correct to say that lie had admitted to the constable that he had supplied Jjqu.n* to the: native women. Ho had also never been prcvicus'y warned by the policeman, tie added. He. was a most .■truthful man.

The Magistrate: Did you have any liquor this morning?-—No. Is thai as truthful as your evidence?— Yes. Mr Patterson: f thought so. For the defence other evidence was called, two Hindus stating that they had been present and 110 drink had been given to the Maori women Two Maori, men also testified .that they were present, and could corroborate these statements, one stating that he. had arrive! at Dayha's place about (J o'clock in company with both women. Obvious Lies •'Both these lull-blooded Maori women admit being found late at night, on the premises in a state of intoxication," said the magistrate. They had previously made itate-

menls that they had been supplied and now denied them. I<t was perfectly obvious that they were lying. Circumstantial evidence was revealed when certain statements made were eliminated and, it was obvious that if the woman had arrived early they would have not been intoxicated when the constable had arrived late at night. Mr Patterson pointed out that when he had, asketl defendant it' he had had drink that morning he had replied in the negative: and assured the Bench that, his evidence had been as truthful a- hi>. reply. The magistrate added i'Sut he could distinctly smell I'c|on defendant's breath as iie l-Uhm in the witness box. Defendant was fined the m:ixi-j mum penally—£loo.