POLICE ETHICS.

Dominion, Volume 6, Issue 1649, 16 January 1913, Page 3

POLICE ETHICS.

—:— A REPLY TO* MR MYERS.

(To the Editor.) Sir,—The. letter written by Mr. 'Myers, and published in your issue of the 13th' inst./in'so far as it repeats the accusa- ; tion of improper conduct against the police made in the recent prosecution of a bookmaker, calls for a reply. It is stated in this letter tnat the lisuo of a warrant-of arrest against the defendant in- the ease was u gratuitous abuse of process on the part of the police. This is a:serious allegation to make, and one, which coming irom a gentleman of known standing in the community, is likely to injure the professional prospects of tno polico officers concerned, and uainage their credit in tho eyes ot. juries and others, perhaps, to the serious hurt of tho public. I taKo tho freedom of stating that so iar from the action, of the police in this case being an abuse of process, it' Was the only eriective method of pro-, ceeding to a conviction, one which was fully authorised by law, and, indeed, enjoined by those wno purport to expound the duties of police- officers in carrying out tho functions entrusted to them- by the State. It is no doubt true, as Mr. Myers says, that Judges of the Supreme Court havo intimated over - and over again that a warrant to apprehend r an olfender ought to bo used witn 1 discretion,, and that unless the olfender is likely to abscond, a summons to appear should be relied on by the police to bring the defendant before the Court; but the Judges have intimated—with similar iteration — that where there is a danger that important- evidence of an offence will be lost or rendered-unavailable if.the process by summons is relied on, then it'is the bounden duty of the police officer , to take effective steps for the offender's apprehension. It is to bo remembered that tho Justices of the Pence are the persons onwhom the responsibility for the issue of-wcrrants rests, and it a mistake is made in any particular cas» 'it is the Justice who has- tailed in his duty, and not'tho police officer. .No such failuro took place in the case nnder discussion. The only'-effective means of securing cogent evidcnco of guilt waaVfor the police to obtain documentary evidence.' Had Detective Cassells remained satisfied with tho evidence obtnincd of Winn's conversation with the bookmaker, he'would havo done his work in but an improper 'manner, and subsequent proceedings : may have' proved* shdly abortive. There fire those who, claiming an equal.regard with Mr. Myers for fair dealing, would describe Cassell's action as polico efficiency rather than abuse, of process. . We havo been informed through- your- columns .re--contly, -Mr. Editor, pf .'a very successful" raid conducted by Scotland Yard officials uppn- some fashionable mansions in - Lon- r dori, where tho provisions of the Gaming Acts were shrewdly •supposed by tho police-to be rather carelessly observed. I have not heartl that any prominent' citizen (counsel or otherwise) deemed it necessary "in the public interest" in that caSo. to, condemn utterly ant^-absolutely the ruthless and degrading .tactics of the police "ignoring the traditions which have b'eoouie associated with British justice," and to brand the officers who effected the arrest of these sporting gentry: as abusers of process. . 1 It is difficult to seo how a man of such-excellent discernment as my friend -Mr. Myers should on this occasion havo, fallen into such hqpsless and helpless error. It can only be explained by the circumstance- that his zeal for tho public interest has somewhat dimmed his vision as a .lawyer. ■ I have beforo me a small, volume, quite'a small volume, but.the care and pains bestowed on its preparation stand in inverso ratio .to its bulk. , The titlo page shows that, it is the New Zealand Justices' Manual, by William G. Biddell, M.A./ Stipendiary Magistrate at' Wellington, and Arthur H. Holmes, .Clerk of the Magistrate's Court at Wellington, tho preface shows that it is tho official volupio published in Now,' Zealand for the .use ;of. Justice's, and the text .shows (I quote from ,page 57) that: "a,Justice has-power to-issno n warrant; of "apprehension" against the; person' charged, without issuing J-a- summons' ; "if the information-is laid upon 'oath; ; ;'a. warrant should, as a' rule, only bo grant-' ed in Otho first- instance where the" party is likely to abscond, 'or the bo . defeated if .a , summons is issued,-or for some other good-cause shown to tho Justice.'" V : r '' ■ • Detective Cassells, no doubt, as' a diligent Officer, has -his "Justices Manual" at elbow/ and proceeding'! strictly upon tho,instructions-therein set forth, he is met by-a public accusation of abusing process. , This does not appear to mo to bo either, fairness or sense, and what is'not fairness, must be. injustice, and what is not sense' must be nonsense.—l am; ct<i„ THOMAS KB AVE. Wellington, January 15, 1013. . .

. ARREST BY WARRANT.

■. ' • ■ SOME INTERESTING FACTS. Much, interest continues to be taken in the statement,of' Mr. W. 6. Eiddell, S.M., from the Bench on Friday last, to tho effect that Captain .Hennah, J.P., should not have issued a warrant for tho, arrest .of Gilbert James Young, who was subsequently charged in the. Magistrate's Court with boolnnakiug on', licensed premises. ■■ : ■ A Dominion reporter, who made some inquiries, :has been informed", that Mr. Riddoll,'S.M., was 1 the first magistrate in Wellington' to issue a warrant for 'the arrest of a bookmaker , for an alleged breach of the Gaming Act. This was in A'case heard nearly two years ago. Mr. Eiddell, also, it appears, issued the warrants for the arrest of two other bookmakers ' whose. names were supplied. Warrants, for the arrest of two other bookmakers (one of whom has been often boforo tlio Court) wero issued by' Dr. M'Arthur. These men wero defended by counsel, and no objection to tho police method-was • hoard . from tho , Bench, though' Mr. ißiddell presided. - In tho case in 1 which Captain Hennah issued (i warrant no magistrate was available. ';■■■ " ■ As to disinclination to fine-Young on both tho charges against him because he doubted "if tho position would have been tho same had the defendant been proceeded against by summons," it was mentioned to tho reporter that Mr. Eiddell, without being pressed to do so, recently fined a bookmaker .£2O on ,each -of two charges in similar circumstances.''