POSSESSION OF OPIUM

Chronicle (Levin), 27 November 1946, Page 4

POSSESSION OF OPIUM

CHINESE APPEAR IN COURT INCIDENT AT MANAKAU Stating that there was an el'ernent of do'ubt which could not be o'Verlooked, Messrs. J. S. Moir and G. Sweetman, J.'sP., dismissed a charge against Joe Young, a 'Chinese market gardeher, aged 37, resident in Boulder Road, Manakau, at a special sitting of the Magistrate'sCourt, Levin, yesterday. Young was charged with having prepared opium in his possession contrary to tfie Dangerous Drugs Act, 1927. Also facing a charge - under the same Act, of having in hfe possession utensils for use in connection with 'the smoking of opium, an employee of the accused, Ah Lum, fined £-25. On application of his counsel, Mr. J. P. Bfertram, he wasallowed a month in which to pay. Sergeant W. Grainger said the charge against Young, was the result of an incident outside the Manakau Post Office on November 22, when both he and Constable Kelk had seen accused leaving the post office in possession of two Chinese newspapers, which on ihvestigation were found to cOntain prepared opium. According to information he had received, Young Was in the habit of coliecting Chinese newspapers addressed to a Mr. Y. K. Young and Y. K. Lee addressed care of himself. When accosted in a bar immediately after he had left the post office, Young had disclaimed .knowledge of the owners of the papers, stating that he could not read or write, though he could speak the English

language fairly well. The only part of the address that conveyed anything to him was the section which ! stated care of Mr. J. Young, Mana- ' kau. He had said that he normally | took such letters to his home and j left them on the table. If they ; were not claimed he returned them j to the post office. He also contend- | ed that he did not smoke opium nor j did he know that any Of his j employees did. Together with Con- i stable Kelk, witness said he j searched the home of the accused j and found utensils used by opium j smokers. In one room occupied by : Ah Lum there was also a speclally built bed of a type used by opium smokers. None of the names appearing on the newspapers, were on the roll of Chinese settlers in the 'district. Appearing for the accused, Mr. Bertram entered a plea of not guilty, stating that in his opinion there was insufficient evidence to prove that Young had "a guilty knowledge." It was his practice to collect the mail for his employees. "Is it not a fact that opium smokers are not as a general rule drinkers," he asked, when questioning Sergeant Grainger. The latter replied that he understood that was the general rule. It was exceptional as the two rarely went together. "Then," continued Mr. Bertram, "does it not seem strange that he jwent in for a drink immediately after coliecting the mail." Mr. Bertram also contended that the accused had seen the sergeant and constable standing outside the post office, and had still gone in and collected the mail'. He had also given frank answers to all questions put to him. The accused stated in evidence that he had np knowledge of 'the opium, nor did he know that it was being smoked in his house. Ah Lum had been in his employ for nearly two years, during which time he had not seen any opium equipment in the house, nor had he smelt thedrug. He had never gone into Ah Lum's room, nor for that matter the rooms of other employees. He had never-. taken the drug himself nor even come in contact with it. Sergeant Grainger: How old are you ? — Twenty-seven. Sergeant Grainger: And you have never smelt opium? — No. Sergeant Grainger: The house is a very small one, about 39- feefc square, divided into four rqoms, yet he asks this court' to beiieve he never smelt opium being smoked, nor did he see the equipment in the room. We saw it as soon as we entered the house. Mr. Bertram: I submit this is not relative to the case. My client is not being charged with permitting the premises to be used for the smoking of opium , but only for being in possession of the drug. In giving evidence, Ah Lum, the employee of Joe Young, stated that he was in possession of opium smoking equipmen-t. He had started taking opium -to "buck himself up a bit," as he often felt ill. He smoked it secretly when the others had gone to bed, and hid the equipment during the day. He had been careless -when the police had called, and had neglected to hide it. He also admitted receiving the opiuhi in- the papers. He had given fictitious names to the man who supplied it. A Chinese interpreter, Mr. Wong Ewen, who translated Ah Lum's admission, was later called as a witness by Mr. Bertram. He stated that it was quite general for Chinese to- understand and speak English; and yet have no knoMedge of writing. They memorised their owh name when they saw it in writing, and could copy it, but any others would have to be read to. them. There was nothing unusual, he said, in the fact that Young was unable to read the other names on the pa ">ers. The Bench gave the decision stated above, remarking that in Young's case he wduld be given the benefit of the doubt.