CONVICTION QUASHED

Hawke's Bay Herald-Tribune, Issue 170, 5 August 1937, Page 5

CONVICTION QUASHED

- Press Association. )

Charge Against Constable LICENSING CASE

(By Telegraph-

AUCKLAND, This Day. The conviction in the Magistrate's Court at Whangarei by Mr G. N. Norris, S.M., of William Butler, police constable, on a charge of being foundafter hours on licensed premises at. Hikurangi, has been quashed in the Supreme Court by a judgment given by Mr Justice Eeed. The facts are that about 9.25 p.m. on November 21 the sergeant of police and a constable went to the Hikurangi Hotel where, in the private bar, they found the licensee and four persons, of whom appellant was one. There were five drinks on the counter. Cadman, the licensee, was charged with selling liquor after hours and exposing liquor for sale. Four others appeared on the same charge as the appellant. In the case against Cadman the appelant gave evidence as a witness for the defence, and decision was reserved. Appellant 's evidence as given in. Cadman 's case was taken as given in his own caso, and supplementary questions asked. Deci sion was reserved. The charges against the other accused were then heard, after which the Magistrate delivered judgment, convicting all the accused. "The Magistrate waited until he had heard all the cases before announcing his decision on any of them," said His Honour. "Although a Magistrate is entitled to do this, it is a dangerous proceeding, for if he allowqd evidence that he has heard in one case to have any effect on his judgment on another, that judgment cannot stand." His Honour added that the circumstances raised a strong inference that the Magistrate had allowed himself to be influenced by the evidence called in Cadman 's case. Tho appeal was allowed and the conviction quashed.