ILLICIT STILL

Hokitika Guardian, 17 October 1929, Page 1

ILLICIT STILL

QUESTION OF SURRENDER. MAGISTRATE DECLINES TO BARGAIN. (By Telegraph—Press Association). INVERCARGILL, Oct. 15. An echo of the recent case in the Police Court, in which a farmer residing at Grove Bush, was fined £250 for having on his premises spirits on which the full duty had not been paid and for having there aiso apparatus and utensils suited for distilling or for a process of distillation, was heard in the Police Court before Air W. H. Woodward, S.M. At the time the decision was made the Magistrate statei that if the part of the apparatus which was missing was handed to the police he would consider recommending the reduction of the fine by £SO. It was to obtain this reduction that the matter was brought up. Senior-Sergeant Fox stated that it

had certainly been stipulated at the conclusion of the case that if the still was returned the fine would be reduced by £SO, lint he did not think it was intended that the period for the return of the plant should he indefinite. In his opinion, it should -be found, out where the still had been in the interval/ and if any “Hokonui” had passed through it since then. Again, there was the question whether it was tlie same still to which the charge had reference. “We would he walking like blind men in accepting the still now,” said the senior-sergeant, who-, continuing, stated that the things he mentioned should be taken into consideiatfon before the recommendation was granted by the court. Mr McDonald, who appeared for the farmer, stated that- the Collector of Customs had expressed his willingness to have tire still returned as stipulated provided it was the same still as that concerned in the case.

The bench asked why the matter of its return had been left over so long. Mr McDonald replied that the still belonged to another man. Senior Sergeant Fox asked if the Original owner would take it to the Police Station. Mr McDonald: No. The .Magistrate stated that when giving his decision in the case he should have specified the time within which the st-ill was to he returned. He was hound, however, by what he had said. Mr McDonald raised the point that if the Collector of Customs was not satisfied that, the still returned, was t>original one it would be confiscated p.nd his client would still have to pay the £SO. ' “I am not here to make bargain' with an offender” said the Magistrate, who said he would deal with the matter as fairly as possible. Senior-Sergeant Fox suggested that the still should be held until decision was given. .The Magistrate said he thought the still should be surrendered. Mr McDonald: When the still is returned will there he any further action against defendants? “You had better see the Inspector of Police about that,” said the Magistrate, in conclusion repeating that be would exercise bis own discretion an the matter. “I never make bargains.”