Constable Entitled To Use Some Force

Chronicle (Levin), 30 September 1949, Page 3

Constable Entitled To Use Some Force

-TIMARU, Sept. 29. "I am satisfied the constable acted with complete justilicat.lon and with fhe'restraint-one woul'd Vexpect of an officer so experienced, ' ' said Mr. E. A. Lee, S.M., in the Timaru Court in dismissing a charge of assault preferred against Alfred Gregory, police constable, for whom Mr. M. C. Gresson appeared. The information was laid by Thomas Jon Downes, who conducted his own case. The case arose from a visit made to a property near Timaru' where Downes was living. Gregory escorted, at the bequest of a superior officer, Mrs. Downes and two othexs to the property to obtain Mrs. Dy wnes ' . belongings. Downes alleged that Gregory had twisted his arm and evicted him from the house. The constable had admitted that he had laid hands on Downes, said the Magistrate, but he quoted legal precedent to prove that the constable was within his rights. It was Gregory 's [ duty to remain on private premises whenhe had reasonable grounds to show that an offence was likely to be committed. Gregory thought there might be a breaeh of the peace and he did not need a warrant and he was entitled to commit a ' 1 technieal ' ' assault on Downes to prevent any breach.