PUBLICAN'S ALLEGATION

Chronicle (Levin), 15 June 1948, Page 6

PUBLICAN'S ALLEGATION

Press Association )

■ ■ w ■ ■ -T Police Accepted Gifts Of Liquor

(Per

'NAPIER, June 14. Allegations that police officers had accepted gifts of liquor were made in the Napier Magistrate's Court this evening when James Griffin Bolger, licensee of the Caiedonian Hotel, Napier, appeared on three •charges of breaches of the licensing regulations on April 15 last. Eolger was charged with exposing liquor for sale after' hours, openlng for sale of liqhor after hours; and selling liquor on licensed premises after hours. Earlici' in the day cight Napier resicleiits were fined t'or consuming liquor on "tliese premises after hours. Mr. L. G. Sinelair,, S.AL, was on the bencli, Mr. L. W. Willis proseeuted for the police and Mr. H. W. Dowling for defendant entered a plea of not guilty.

'fwo constables Brian Williani Nathan and Eric Oourtney stentiford, gave evidcnee that When on duty 'outside Ihe Oaiedonian Hotel on the uight ot April 15 tliey lieard a noise and the sound of a cash register in the private bar of the hotel. Buspecting a oreach tliey entered the hotel, found the private bar door partly open aiul about 24 persons inside. Tliey took thcir naines and as a rcsult eiglit were proseeuted and two more vvouiu be proseeuted, the remainder being guests. When they first entered the bar Bolger, who was inside, eame over and .asked thenx if tliey eould not eomo back at a tinie when things were quieter. Later when the police were leaving Bolger adopted a hostile attitude and throatened to "squeai. " The constables were exani'ined at length by Mr. Dowling as to whether J they had ever received liquor froui the licensed or staff while ou duty, whetlier tliey had been on the premises and eonsumed liquor while on duty, whether they had ever beeu ou the premises and found persons unlawfully there hut had taken no action, and whether they had ever been on duty outside the hotel bcfore and heard uoise indicating breaches. Negative repiies were given in each cas'e. ■

Constable Nathan, eross-exanuneu, ulso denied telephoning Bolger with a warning that the police would soon be visiting liis. hotel. Mr. Dowling: Did you go to the hotel ten days or a fortnight bofore the offence and toll the licensee not to pui out any more liquor for you? Nathan: No. Mr. Dowling: Did you tetl hiin that the town was gettiug too liot and that you could not talce auything more for a while? — No. Mr. Dowling warned witness that if the statements were proved wrolig by defence witncsses, Nathan would be sliown to have committed perjury. Asking the questions agaiu, counseJ stili received. a negative answer. Opening ihe defence Mr. Dowling said the evidence was solely that of tlie two police ofiicers. Mr. Dowling said lie would call evidence to diseredit the constables. Joscph Williani Huriey, hotel- bar manager, said, six bottles pf . bder.'were lel't every niglit in the hotel gnrage where they were collect'ed f o i* Ihe constables. Frequently the parcel conVained a bottle of spirits. On oue occasion witness hahded to Natluui nine bottl'es of beer and three qf sherry. Nathan .warned ltini not to tt'Il anyone ubont Ihe mcident or else no lnatter where witness went in New Zeuland Ihe .police would watch him closelv. Constables, including Nathan, had had drinks on the premises while on duty.

Bolger said in evidence that lie took over the liccuce of the C'uledonian on August 11, 11147. It was liis first liconce. Nathan was oue of tliree constables who callcd on liiin ten days after he took over. Nathan as spokesman told him what he usually hu(l each niglit m Ihe garage. Nathan had said that the constables would look the otlior wa.v and he ueed not worry about any uniformed meii oxcept s'prgeants. The constables, including Nathan, often rang with requests for liquor wliich he always obeyed. Last Christmas he had at their request made presents to certain constables. I'larly in April last three policemen, Nathan again the spokesman, eame to the hotel and told him it was getting too liot around town and they were not going to take auything from him or any other hotel unlil things quietencd down. Bolli Nathan and Stentiford had been on the hotel premises al'ter hours in uniform and had had drinks in a small room beliind the ofHce. Bolger said lie had not knowingly sohi liquor to outsiders on the niglit of the offence, but admitted that he was not taking all the care he sliould have to keep others out. In replv to the iMagistrate Bolger admitted that the liquor given to the constables had been to buy inununity although he was acting all the time on their iustructions. The Magistrate entered a conviction for selling liquor after hours. He said Bolger had eonvieted himself out of liis own moutli. He had thought seriously aliout the attack made on the police, but would refrain from comuienting 011 this. Persons of higlier authority inight be desirous of taking Ihe lnatter further and it inight well arise ijj further criniinal charges. tt was not necessarv for him to reach a decision, but if it was he would not hositate to do so. Bolger was fined £lb with costs and the other two charges withdrawn.