Police And Courts Challenged

Chronicle (Levin), 8 July 1949, Page 4

Police And Courts Challenged

"The present situation should be a challenge to the poliee authorities to take prompt and^effective- steps to bring every known bookmaker before the court, and for this court, wherever the olfence is proved against the master bookmaker, or other persistent offehder, to infiict a sentenee of imprisonment" unless there is some very special ciroumstapce which justifies a legs severe form of, penalty."

This, and other eomment, was made by Mr. J. H. Luxford, S.M., in Auckland Court when a man ap-. peared to be dealt with for aiding and assisting another in the commission of the offence of carr-ying on the business of a bookmaker. "This case reveals that there are

at least 71 hookmakers carrying on business in the city of Auckland, and at least 56 in the towns of the provincial districfc," the magistrate said- "What the rqal number is i do' not know. The known numb'er, however, reveals a sbrry .state of p,ffairs which cannot, in the public interest, "bd allowed to continue: The number of master bookmakers brought before this Court has been extraordinarily small, in the- light if the figures revealed jn this case." j Fine As Licence Fee. .1 "•It has been said, with truth, I th§t a. bookmaker regards a hne as ntOvhing more than a licence fee. Endeed, it was stated to me in this ?qurt at the hearing of a charge

against a person for making false * income'tax returns* relating to his. unlawful business of a bookmaker, that any fine imposed upon a book-. maker for carrying on his unlawful business is a 'deduotible expenditure' for income tax purposes." Mr. Luxford sai'd members of the legal ' profession werq " privileged during the recent confefehc'e "to h'ear an address by Mr. A. A. North, K.C.,1 on "Law and the Public Conscienee." "Mr. North said 'Every lawyer, I think, would agree that respect for the law is on the decline. The process has, indeed, been going on for a number of years. The active and aggressive lawbreaker can only be dealt with in the criminal courts, If he is not promptly and effectively disciplined then we may shortly be living in a state of anarchy. If ' there be no inclination to 'deal with him, then law and the public con-?> science have ceased to be in any way related.' Iilsidious Attack. "I commend this momentous warning to every responsible citizen in the community," eontinued Mr^ Luxford. "The rule of law is being attacked in many insidious ways from within as well as from with^ out. Our • defence 'to this attackmusfc come from within; and thaf defence cannot succeed unless, in the words of Mr. North, 'All people of goodwill must once again accept the principle that .it -is immoral to break the- law/ 5 "I indicate'd on Friday that I would impose a fine in the present case. Because of the ofiicial and' judicial tolerance of the past I dq not think the o;rcumstances wou'd justify my imposing a term of im^ prisopment. "But let me issue this warning, In my opjnion, all those who aic| and assist bookmakers in New Zea« land, including those who patropize them, must be regarded ' as saboteurs of good citizenship, and shauld bq dealt with accordmgly."