MAGISTRATE’S COURT Sydenham League Club Fined £50 For Liquor Offences

Press, Volume CV, Issue 31003, 8 March 1966, Page 13

MAGISTRATE’S COURT Sydenham League Club Fined £50 For Liquor Offences

The Sydenham Rugby League Football Club was fined a total of £5O by Mr H. J. Evans. S.M., in the Magistrate's Court yesterday on charges of selling liquor without a licence and using its rooms at 608 Colombo street as a place for the consumption of liquor. Seventeen members of the! club were fined £3 each on charges of being found on' premises used for the con-! sumption of liquor. Mr M F. Hobbs, who ap-' reared for the club, and the i members, entered pleas of ■ guilty to all charges. Charges of keeping and exposing liquor for sale against the club were withdrawn on the application of the police. Sergeant J. M. Phelan said as a result of a complaint, the Rugby Football League Club wins were watched for two weeks. On Sunday. February 13, at neon, a search warrant under the Sale of Liquor Act was executed on the premises on the ground that they were being used as a resort for the consumption of liquor. The police party found 17 men present, 16 of whom i were seated around small table’s consuming beer. | There were 16 opened and I partly consumed half-gallon I jars of beer on the tables. A refrigerator in the room was full of half gallon flagons I of beer. Three beer crates and 24 full half-gallon flagons of beer J were seized under the warrant. Sergeant Phelan said. The premises were not licensed for the sale or consumption of liquor. The president, secretary I and treasurer of the club were seen by the police on February 14 and they stated that the liquor sold on the premises was ordered by members and paid for by the club from its funds. The price for a half-gallon jar was 7s 6d and this was paid either when it was ordered or when it was obtained. The current price for a halfgallon of beer was 6s 3d and the extra money went to the club funds as a donation, said Sergeant Phelan. The facilities for beer drinking was available on Friday nights and Sunday mornings for club members only. From the observations that had been carried out it was established that there was no suggestion that any liquor was sold for removal from the premises nor was there any suggestion of a large number of persons patronising the drinking facilities, said Ser-

geant Phelan. Mr Hobbs said the club was a well-known sporting body. The offence was only a technical breach of the Sale of Liquor Act. Most of the men

on the premises had paid in ; advance for the liquor which had been purchased by a club official from the Club Hotel. No young persons were present, the youngest member there being about 40. Under age members of the club were [not permitted on the premises [when liquor was being con[sumed. The hours on a Sunday were from 10.30 a.m. to 11 p.m. [ The police found a much , larger quantity of liquor at [the club rooms than was usually there because the annual general meeting of the club was to be held during the week, and 36 half-gallon flagons had been ordered for this function. A licence had been obtained for this event, said Mr Hobbs. The profit from the sale of liquor was used to buy jerseys and sports gear for the members. It did not amount to more than £lOO a year. This was not a gross breach of the Act and no disturbances were caused. Mr Hobbs said the club had two previous convictions. One i was 14 years ago when it was [ fined £l5 and another in 1958 when it was fined only £1 for a technical breach and the members present were convicted and discharged. [ The club appreciated that it had to abandon this method of raising money, said Mr | Hobbs. I The club was fined £25 on each charge and an order was made for the police to dispose of the liquor, but the jars are to be returned to the club. The following persons were fined £3 each on charges of being found on premises used for the consumption of liquor: Peter Edward Hall, aged 49, an engineer: Henry Kitchener Lester, aged 65, retired: Robert Samuel Mclntosh, aged 73, a fitter and turner; Malcolm McNeely, aged 66, a woolstore worker: Ernest George Thorpe, aged 53, a driver: Selwyn James Tregear, aged 54, a war pensioner; Jack Whatiri, aged 47, a fish splitter; Ernest James Walker Wilston, aged 57, a furntiure maker: Arthur Chapman, aged 68, a piano tuner; Lawrence Leyland, aged 43, a pipe fitter: Tangi Williams, aged 33, a presser: Thomas Milne, aged 57, a works foreman; Clifford Douglas Randle, aged 49, a labuorer; Walter Ernest Rhodes, aged 51, a carpenter; Arthur John Bishop, aged 58, a meat grader; Leslie Cooke, aged 62, a barman; and Leslie David Dawson, aged 40, a

structural worker. RESISTED ARREST When the defendant was approached by two constables and reprimanded for crossing the road against the traffic lights, he told the constables, “I’m a Communist, I have the workers on my side. We live in a police state, but you can’t tell me when to cross the road.” Detective-Sergeant B. I. S. Kimber said this to the Magistrate when Robin John Sinclair, aged 17, a labourer (Mr R. G. Blunt), appeared on charges of resisting Constable J. Sweetman in the execution of his duty on March 4, and using obscene language in High street on the same date. Sinclair, who pleaded guilty to both charges, was convicted and fined £5 on each charge, and was ordered to pay restitution of £9 10s. Detective Sergeant Kimber said that at 8.45 p.m. on March 4, two constables on duty at the intersection of High street and Lichfield street saw two youths walk across the road against the traffic lights. As the traffic was heavy at the time, the youths were approached and questioned about the offence. When asked for his name and address, Sinclair used the obscene language, and he was arrested. On the way to the police station, he punched one of the constables in the stomach and violently resisted him. He used obscene language on numerous occasions. Mr Blunt said that Sinclair claimed that the discussion about his crossing against the traffic lights went on for about ten minutes, and as he was in a hurry, he became annoyed and used the obscene language. He was then by the constables. I One of his arms had been injured that day, and it was ■ because the constables were hurting it that he struggled, i He was not trying to resist [ arrest, said Mr Blunt. MAXIMUM SENTENCE i “With your 73 previous I convictions you have as for[midable list as I have ever [seen. You have been in and out of prison since 1953 and , there has been no improvement in your conduct during the last 13 years so I will impose the maximum sentence.” said the Magistrate [to William. Stevenson Wylie, aged 38. a seaman and a cook, when he was sentenced to three months’ imprison- ! ment on a charge of being unlawfully on board the m.v. Limerick at Lyttelton. Wylie was convicted and discharged on a charge of drunkenness. DANGEROUS DOG Henry Samuels, aged 31, a bus driver, pleaded guilty by letter to a charge of being the owner of a dangerous dog on January 17. Sergeant Phelan said that on the morning of the offence the complainant had seen the dog chase two children along [ Woolston road. Terrified, they 'ran off screaming. The dog later that day had entered [ the complainant’s property and ran at her, snarling and ! gnashing its teeth. She ran [inside and managed to shut

the dog out. The defendant had said that the dog would not bite, but only snarled. The Magistrate ordered the dog to be destroyed but deferred sentence to allow notice to be served on the defendant to give him an opportunity to show cause why the dog should not be destroyed. WILFUL DAMAGE “This was a disgraceful episode of which you ought to feel thoroughly ashamed,” said the Magistrate when he convicted Toni Stevens, aged 20, a sandblaster (Mr G. R. Lascelles), on a charge of wilful damage of property valued at £35, the property of the Liberty Hall, Napier, on June 26. Stevens was fined £3O, and was ordered to pay restitution of £2O. He pleaded guilty. Detective Sergeant Kimber said that the hall had been hired for a party, to which Stevens had been invited. During the evening, Stevens got into an argument, and with some friends, started a fracas. Chairs and bottles were broken, to a total value of about £7O. Stevens was the only youth that had been apprehended, and the value of the damage he had done was estimated at £35. Mr Lascelles said that Stevens did not instigate the fracas, and he did not cause all the damage. Stevens admitted breaking only one chair. The Magistrate said that because it was difficult to estimate the damage done by Stevens, the amount for restitution would be set at £2O. WILFUL TRESPASS Tamiki Hanira, aged 20, unemployed. pleaded guilty to wilfully trespassing at the Pride of Place dance hall on March 5 He was convicted and fined £5. Detective-Sergeant Kimber said that about 9.20 p.m. on Saturday Hanira had entered the Pride of Place and stood in the stairway, blocking it. He was asked to leave, refused and then was warned several times by the manager that he was trespassing. He still refused to move. The police were called and though Hanira was warned several times to leave he refused and had to be forcibly removed. At the time Hanira' had been drinking. TWO CHARGED WITH THEFT David John Polden, aged 27. a wharf labourer (Mr G. R. Lascelles) and a girl whose name was suppressed (Mr N. P. Williamson) were jointly charged that on March 4 they stole artist's materials and books of a total value of £7 18s 9d. Polden pleaded not guilty to the charge and was remanded till March 10. Bail was allowed The girl pleaded guilty, was convicted and was fined £2O. UNLAWFUL INTERCOURSE Graham Francis Wood, aged 18, a workman, pleaded guilty to charges that on December 27 he had unlawful sexual intercourse with a girl under 15. and that on January 8 he attempted to have unlawful sexual intercourse with the same girl. He was convicted on each charge and remanded for sentence on March 14. Bail was allowed. RECEIVING Nicholas Ronald Tiki, aged 29, an unemployed toolhardener (Mr K. N. Hampton) pleaded guilty to a charge that on or about February 18 he received a transistor radio valued at £l9, the property of Sharyn Wilson, knowing it to have been stolen. He was convicted and remanded for sentence on March 14. Bail was allowed. INDECENT ASSAULT Jalal Hossain, aged 44, a cook, pleaded guilty to a charge of indecently assaulting a boy at Lyttelton on March 5. He was convicted and remanded in custody for sentence on March 10. INDECENT LANGUAGE John Lindsay Salton, aged 17, a woolshed labourer, pleaded guilty to a charge of using indecent language in Cathedra) square on March 6. He was convicted and fined £2. Detective - Sergeant Kimber said that about 4.15 p.m. a constable on duty had moved on several youths, including the defendant, who were obstructing the footpath. Salton had moved to a nearby seat and sat down. When spoken to again Salton had used the words complained of. SUSPENDED SENTENCE Leslie John McCreath, aged 51, a truck driver (Mr R. G. Blunt), was ordered to pay court costs of £1 10s and to come up for sentence if called upon within 12 months when he appeared for sentence on a charge of assaulting his wife on January 13. FINED £35 Peter Tauwhare, aged 38, a workman (Mr K. N. Hampton), was fined £35, ordered to pay witnesses' expenses of £26 and placed on 18 months' probation when he appeared for sentence on a charge of receiving an electric fence battery worth £4 12s 6d between June 4 and July 13, knowing it to have been dishonestly obtained. (Before Mr K, H. J. Headifen, S.M.) 15 MONTHS’ GAOL Maurice Edward Cavenagh. aged 28. a welder (Mr L. M. O'Reilly), was gaoled for 15 months when he appeared for sentence on a charge that on December 10 he burgled the premises of Auto Radio Installations, Ltd., 200 Montreal street. On a charge of unlawfully getting into a motor-car on the same date he was convicted and discharged. The Magistrate, in imposing the term of imprisonment, told Cavenagh that he had taken into account the fact that Cavenagh had been in custody i since December 10 and he also I warned Cavenagh that he could i qualify for preventive detention if he offended again. [ (Before Mr J. D. Kinder, S.M.) FINED £5O Johannes Weyenburg, aged 46. a chief engineer, and Bob Sabasteanus Van Der Hoek, aged 31, a fitter, were each fined £5O and had their driver’s licences cancelled for three years when they pleaded guilty to charges of driving under the influence of drink or drugs on Gloucester street on February 12. On charges of careless driving they were convicted and ordered to pay costs of £1 10s. Mr R. G. Blunt, who appeared for both accused said they had been celebrating Van Der Hoek's birthday and each considered the other too drunk to drive and they changed places behind the wheel. They had parked the car and locked it when the police arrived. Both men had excellent records and had no convictions in Holland or New Zealand. (Before Mr E. A. Lee, S.M.) PROBATION James Leighton Barnes, aged 17, a plasterer’s labourer, was admitted to probation for 18 months and ordered to pay £l5 towards the cost of the prosecution when he appeared for sentence on a charge that on February 25 he stole a wallet

and contents of a total value of £5 12s sd, the property of Jillian Buck. FINED £2O George Frederick Edwards, aged 54, a butcher, was fined £2O when he appeared for sentence on a charge of theft as a servant of meat valued at £8 7s 9d from the Canterbury Frozen Meat Sales, Ltd. CARELESS DRIVING Graham Norman Streetley, aged 25, a taxi driver, was fined £lO on a charge of careless driving. He pleaded not guilty and was represented by Mr A. D. Holland. He was ordered to pay witness expenses of £l. The charge arose out of a collision between a taxi driven by Streetley and a car driven by Russell Lawrence Giddens at the corner of Hoand street and Greers road on Christmas day. Both vehicles were extensively damaged.