NOT INTOXICATED STOP PRESS

Evening Star, Issue 23379, 23 September 1939, Page 22

NOT INTOXICATED

STOP PRESS

DOCTOR'S EVIDENCE CLEARS DEFENDANT [Per United Press Association.] WELLINGTON, September 22. Exception to the conduct of a case by the police was taken by the magistrate (Mr J. H. Lnxford) in a prosecution alleging intoxication in charge of a car. The accused had been examined by »■ doctor whose certificate was that he was-not intoxicated, but the police closed the case without calling the doctor. In reply to, the magistrate, the police said he was in court, but it would cost £1 to call him. The police intimated that the doctor's certificate would be put in. Mr Lnxford: The point is this. Here is u man charged with a serious offence and the police had him examined. Jt is the duty of the prosecution to put all the relevant facts before the court and not merely facts which they think are going to secure a conviction. The prosecution has a duty,to perform both to the public and to the accused. The doctor was then called and said that the defendant, when he examined him, was certainly not in a state of intoxication. After further evidence the case was dismissed. William James lieille. aged 32. a slaughterman, was similarly charged. He was convicted and fined £ls. with the suspension of his license, and prohibited from obtaining one until six months after May 31.