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PERMIT OR PASSPORT

WHICH WAS REQUIRED? FRENCH BOXER VOLAIRE IN \\ COURT An interesting case dealing -with the. ■War Regulations respecting passports and ..permits came up for hearing before Mr. ■E. Page, S.M., at the Magistrate's Court '. yesterday, when Achille Laurent Tolaire, the Frenoh light-weight pugilist, -who recently, fought Uren at'GreymouthJ was charged with unlawfully landing in New Zealand_ without a passport' ■ - 1 ... Detective-Sergeant Lewis prosecuted, and .. Mr. P. W. Jackson represented the defendant on behalf of the Greymouth Box- ; tag.Association, The case for the prosecution was that on April 6 the defendant arrived by the steamer Moeraki from Sydney. ■ The Ous-. toms'officials boarded the vessel, and the defendant presented a document' signed '-. by an officer of the Intelligence Depart- . ment, /Australian Military' Forces, which '..authorised defendant to .-leave Australia. ■'■ The/document contained a photograph of, the defendant,' and a brief description of . him. The Customs officials informed the ■ defendant that the document could not be accepted as a permit to land in New Zealand, and that while inquiries were ;."'..■ being made he would have to remain on the\veßsel. On the following-day tho Moeraki sailed for Lyttelton, and Volaire left the vessel at that port, and proceeded to Greymouth, where he ;was under engagement to fight. On being arrested , ; and. questioned, Tolairo said that the •.■ French; Consul at Sydney had refused him •■•'', a. passport.. Defendant-further stated that 'he.had left France prior to the war/and had signed certain papers which exempted him from war service. * The prosecuting, detective gave evidence on the above lines, and was cross-exam- ,■ ined at some.length as to the document ■ required to enable a person to travel from '■:. Australia to New Zealand. This examina- ■.; tion'; disclosed that a passport for such a .journey- waß not necessary, but a, per-.-.:mit'issued by the External 'Department or .a duly-authorised officer, was essential. •The permit which Tolaire had was signed ■ by Captain ■ Wallace of the Intelligence ' ■ Department. X Counsel: la Captain Wallace a person ..'duly authorised to issue permits?—"l do i /not know." • .' , . ' . ' "Will you swear that Captain Wallace '■'■. is .not a person authorised to • issue ... pennus?—"l will not' swear that." ■ Will:you.swear that Wallace is not the French Consul?—"l have only documentary .evidence to say that he is not." '■ 'V Mr; Jackson continued to examine the witness on the question of passports and ■-,- pefmitß, and pressed his, contention that a -passport was not necessary as between i Australia,and New Zealand. >' At'this stage Detective-Sergeant Lewis applied for an adjournment in order that the evidence of the Customs officials might be obtained.. Counsel strongly objected to this course, but the Bench decided to adjourn till the afternoon in order that the additional evidence might be called. .When, tho case was resumed, Donald Butler,' Customs Boarding Inspector, stated .that he informed Tolaire that his permit -could not be accepted, and would have to ■:-:.bß' referred to', the Department of Interl . nal Aifairs. Witnesß Varned Tolaire that .: he must, not leave the ship. Subsequently . witness received instructions that Tolaire ; wis hot to ! be permitted to land. . by Mr. Jackson, witness admitted that similar documents to that produced by-Tolaire had been produced by . seamen and German subjects on arrival in New Zealand. . Twisß, Officer in Charge of the Passport Department, also gave "evidence to the 'effect that the permit ■ produced by Tolaire could not bo accepted '.iBS. authority to land in, New Zealand. . Counsel: Is Tolaire's paper- a permit?— "■ "In my opinion it is not." ; Why?—"Becaußo it jb not issued by the External Department." Is it issued by some ono duly authorised . —"I cannot say." ' - Then Captain Wallace may be a dulyauthorised person?—" Yes." <: At the conclusion of the cross-examina- ' tion 'Mr. Jackson addressed the Court, contending that Tolaire had produced a docu'■ment- which gave him authority to .come -ito'Now' Zealand. ■ Early in February Tolaire negotiated with tHe Greymouth Boxing Association to come to New Zea- '. land.for a series of fights. He thereupon .1 approached tho French Consul, who told 'him that a passport was not required, and .referred Tolairo to Captain Wallace, who ' issued the permit produced. On Tolairo'a .'arrival in Wellington the Customs officials ■took the permit and gave Tolairo a re,.ceipt, on which was recorded the fact that he intended to ' return -to Australia in July next; Throughout the whole trans-' action Tolaire had acted honestly. He had , not;endeavoured to hido anything, and had produced all his papers and correspondence regarding his engagements with the Greymouth Boxing Association. What was the object in holding Tolaire up? The objection appeared to bo that tho permit was not endorsed by tho French Consul, and tho regulations, submitted counsel, did not require this. ■ . * His Worship decided to take time to consider his decision. Meanwhile Tolairo ■ : was allowed his liberty, and the Bench gave permission for ,him to return to Greymouth to fulfil his obligations.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/DOM19200423.2.67

Bibliographic details
Ngā taipitopito pukapuka

Dominion, Volume 13, Issue 178, 23 April 1920, Page 8

Word count
Tapeke kupu
796

PERMIT OR PASSPORT Dominion, Volume 13, Issue 178, 23 April 1920, Page 8

PERMIT OR PASSPORT Dominion, Volume 13, Issue 178, 23 April 1920, Page 8

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