ANGRY WORDS

Hokitika Guardian, 18 September 1930, Page 8

ANGRY WORDS

POLICE AND LAWYER

UNFAIR TREATMENT ALLEGED. NEW PLYMOUTH,, September 13. Unfair comment by a New Plymouth newspaper and unfair conduct by the police were alleged by Mr A. A. Bennett, counsel for Abraham Wally Mahomed Sabiman, the Indian herbalist, charged with manslaughter, when Salaman appeared again this morning for the purpose of a date for the hearing being fixed. Inspector Fraser engaged counsel upon the questions raised and the crossfire at times became heated. The magistrate said he regarded counsel’s statements as irrevalent. Mr Bennett said he considered it his duty to mention the matters at the earliest opportunity. A condition was sought by Inspector Fraser to-day to. the granting of bail. He considered that accused v should give an undertaking not to carry on his business in the mealtime. Bail was extended until September 29, the date fixed for the hearing. The amounts were as fixed on Friday (own recognisance £SOO and two sureties of £250.) Mr Bennett protested against what he alleged to be unfair comment hv a local newspaper and alleged that the police had brought accused before the court on Friday in the manner they had done after having given counsel an undertaking • that accused would not be dealt with until the search of accused’s premises had been completed The consequence had been that accused had had to appear without being represented by counsel. The amount of the bail fixed moreover, had been in excess of the amount which counsel had been given to understand wouio satisfy the police. SALAMAN'S BUSINESS. The inspector applied for a condition to the granting of bail that accused should not carry on his business in the meantime. Mr Bennett: That is a most improper application. Nothing has been proved wrong in his business and the police have go to prove tfte case. The Inspector: Then I shall oppose bail-. The magistrate: Is the man in a position to carry on his business? Mr Bennett: I understand the police have confiscated all his stock. The magistrate: Then why not accept the condition P There is no need to complicate matters. Counsel conferred with accused and

the undertaking was given. Mr Bonnet said accused was entitled to a fair trial and the traditions of British justice entitled him to that trial without prejudice. The attempt to prevent him from carrying on his business in the meantime was the first step calculated to prejudice his case, and in that he had been subjected to unfair treatment. NEWSPAPER ARTICLE. Counsel referred to an article by a New Plymouth newspaper and said one phase mentioned still had to be proved by the police. ''

Inspector Fraser: We did not give that information to the Press and the police are not responsible for what appears in the papers. Mr Bennett: Don’t get excited. 1 don’t care where the information came from. file magistrate said the matters were somewhat irrevalent to the matters before the court. Mr Bennett proceeded to refer to what lie said was the most unfair conduct of the police. He said that, notwithstanding that Inspector Fraser knew that Mr Hi lie (of counsel’s office) was watching the matter on behalf of Salaman and that he had been informed that the case would not be brought before the court until the search had been completed, they had brought accused to court before.a justice of the peace at 10.30 while Mr Hinc, who wa s at Salaman’s house, could not be present. He was dealt with in the absence of his counsel and bail fixed in a very much larger amount than counsel thought necessary and larger than he had understood would be required. Detective Meiklejohn had suggested a bond of £250 lvould be sufficient, and still in the absence of anyone to' represent him the recognisance had been made £SOO, and the Inspector had been a party to that.

The inspector: Who’s been a party to the amount? This is in the discretion of the court. The magistrate: What do you want me to do in the matter? If this is a statement on your client’s grievances then it is pretty much like some of the other matters of which you have complained. PROMISE DEiNIED. Mr Bennett: It i s a statement of my grievances at the treatment of my client and I consider it my duty to bring such matters to the notice of the court at the earliest moment possible. Inspector Fraser: “I never gave Mr Hine any such undertaking ns you suggest.” What Mr Bennett said was not correct. Mr Bennett: I know whose word I would take in this matter. Inspector Fraser: Then this is not the nlnce to raise such tilings. Mr Bennett: It will he raised in another place and you will writhe more then than now.