CHARGE AGAINST POLICEMAN

Manawatu Herald, Volume XLVIII, Issue 3601, 19 February 1927, Page 3

CHARGE AGAINST POLICEMAN

ALLEGED MALTREATMENT

Auckland, February 18,

The allegation of violent maltreatment were levelled against a member of the New Zealand Police Force in an action for damages brought before Mr. Justice Herdman and a jury of four in the Supremo Court to-day. The action was brought by Maaku Puma, labourcr, of Mangatangi, near Mercer, against George N. Douglas, police constable, stationed at Mercer. He claimed £l5O damages, £75 for loss of wages and £5 ss, special damages for alleged maltreatment. Mr. Singer said plaintiff was a Maori. The claim for damages was for violent assault. On October 26, 1925, Turua, who was over 60 years of age, left his home and journeyed to Mercer; there he met some friends and entered an hotel, where he had a few drinks. Upon emerging from the hotel he was ac costed by defendant, and asked aliout some debts of his with a local storekeeper. Plaintiff replied that the matter of his alleged debts was in the hands of his solicitor, and that it was no business of the constable’s. The defendant then seemed to lose his temper and seized plaintiff and threw him to the ground. He struck him Oh the side of the face, kicked him on the side, knelt on his chest, and twisted his arm-and his leg. A lady who witnessed the affray was so overcome with what she said was violent conduct that she screamed. The defendant then rose from the plaintiff and the latter said he was injured. The defendant said lie was a—liar, and took him to the lockup. No attempt was made by the con stable to get a doctor, but a friend sent to Pukekohe for Dr. Begg, who arrived an hour later and found that plaintiff was suffering from a dislocated shoulder. The plaintiff was still suffering from the effects, and to a certain extent would be permanently affected. Plaintiff was charged the n£*xt day with drunkenness, and the Magistrate dismissed the case. At the sitting the defendant and his son gave evidence, so there was the double offence in arresting plaintiff when he was not drunk and in using violence, the results of which were still felt by plaintiff. Plaintiff gave evidence to the effect that he was assaulted without provocation. Mr. Dickson said he would submit that defendant was entitled to a nonsuit on account of the long delay before the proceedings were instituted. Failing this, there was ample evidence that the Native was the' assailant. Plaintiff had driven the horse erratically in the street. Shortly bcfoi : e the incident defendant gave him a warning concerning a debt, but his advice was received with hostility. After using abusive language the Native came to grips with defendant. He did not complain of injury to his shoulder until he was locked up, and defendant released him without demanding a deposit for bail. Defendant stated in evidence that the Native had been abusive. Witness denied any exercise of violence.

A witness said that subsequent to the incident the Native had been employed in recovering posts from a swamp. Plaintiff' had not complained of physical disability. Other witnesses said that the Maori made the attack, and one stated that no violence was used in retaliation. The Judge directed the jury that plaintiff was entitled, to no compensation if he was injured through his own aggression. It was occasionally necessary for a constable to use force, but unless the force was reasonable under the circumstances the constable was liable for damages. After a short retirement' the jury found for plaintiff and awarded him £SO damages and £5 5s medical expenses.

Mr. Dickson gave notice of intention to move for a new trial.