THE RIGHT TO RESIST.

Hauraki Plains Gazette, Volume XXXVIII, Issue 5208, 25 November 1927, Page 3

THE RIGHT TO RESIST.

POLICEM AN’S ERROR OF IDENTITY’

ARREST OF INNOCENT MAN.

Holding that there was “a very great possibility of a. mistake ’ on the part of a policeman, Mr Mead, the Marlborough Street magistrate, acquitted John Thomas Wagstaffe, 33, shunter, of Upper Charlton Street, of a charge of gambling with coins.

Wagstaffe, who claimed to be the victim of a grave error of. identity, denied that he was gambling, and asserted that, while shopping with his wife P.C. Eden gave; him a violent blow in the back. Eden denied that he punched, thumped, or kicked Wagstaffe.

Mr Mead declared that he always considered it unsafe; to convict upon the evidence of a witness as to identity where there was no corroboration. Considering the respectability of Wagstaffe, he ; should give him the benefit of the doubt. Mr Knight, for the Commissioner of Police, pointed out that there was a charge of assaulting the constable against Wagstaffe, but Mr Mead retorted that the question was, supposing that he was absolutely innocent and a respectable; man, whether some allowance must not be made for his indignation. An innocent person had the right to resist. “He punched the constable in the face,” remarked Mr Knight. Mr Me;ad replied that it was a difficult matter to decide whether any greater force was used than was necessary.

Mr Young, who defended, asked for costs, and declared that there was to be .an inquiry into the matter. Mr Mead, however, considered that the constable made a bona-fide mistake, and it would not be fair to give costs. “There is no evidence,” he stated, “that the constable wilfully made a false charge in this case.”