ATTACK ON POLICE METHODS

NZ Truth, Issue 1237, 15 August 1929, Page 5

ATTACK ON POLICE METHODS

Counsel Alleged That Arrested Man Was Not Allowed, To Communicate With Friends

WATCH-MOUSE PROCEDURE CRITICISED

(From "N.Z. Truth's" Special Christchurch Representative!)

Onc^ragairiJbhe irietliods of the Christchurch police m dealing with a prisoner at the police station have beeii'.condetrined by counsel m the Magistrate's Court. 1 Their refusal recently to allow an arrested man to communicate with friends drew from Mr. 0. S. Thomas some stringent criticism. He considered that it was time their methods at the watchhouse were improved.:

W" ALTER BURGESS KIMBER was arroste'd. for being drunk while „ , "m charge of a motor-car, and was. brought to. the. police station where he asked that he be allowed to ccc some friends and for permission to use the telephone. His request was. refused, by the sergeant arid constables' : in the' 'watchhouse, -as- they were of the.opinion that he did not know what he wanted." ..Mr. Thomas condemned this atti-, tude of the police, and intimated ...that they. should not be a 1.1 owed to decide vyhether a man should or :. should not be allowed, to-communi-cate with friends or with a doctor. He instanced the case of McDonald Smith (which was published m "N.Z. Truth" recently), and said that the man had been arrested for 'drunkenness and .had been refused permission .to. call a doctor to examine him. "'.'.' Friends of Smith, who ;had _s,een him being arrested, had called at the station to see him and ; they had. sent for a. doctor. After this .doctor had arrived he had' sent for the police doctor. Both medical men had examined Smith and had .found that he was, not .drunk. Evidence was given' by Constable Chipnell to the effect' that • he had

BottUofWine

noticed a motor-car • being, driven slowly along Mborhouse ' Avenue, m a zig-zag course. -. V : ■ The car suddenly turned . into .Antigua Street, and the front wheel went over the channel at the side of. the street, and _up on to the footpath for three feet. '■ ... - . ' .Despite the -fact that the . tyre had burst the car continued on its serpentine course along Antigua Street until i{. was stopped by the constable who was following on a bicycle. '-'■ He asked the ..man' to',., get ...out i of, the car, and when he was on the ' street he hoticejd.-ihat he staggered and was obviously drunk. The; man ..smelt of "drink, his ,eyes : were .j, 'blood - shot .ahsjb&>'wk*?yery.ita\ka ' ■ tjve and kept repeating himself.. The constable.; noticed nothing m the car, but m the" man's pocket was a bottle of wine. The hour was about 12.35 a.m., but when Kimber was asked what time it was he said about half- past five. Kimber also said that he was m Bealey Avenue and was : going to a friend's place for tea;. 1 . -■ "Were cyou' with : him at the police station all the -time until he was put into a cell?" asked Mr. Thomas. The constable replied that he was. Mr. Thomas: Did he ask to see anyone?;,, ■;' • : ' . • The; Constable: He wanted to see Detective^ Main. 'H e was m bed, so he then "asked tq see a sergeant. , ' Did he ask to see Mating and Fullwood?— I did not hear him. He wanted to use the 'phone. Did you allow him the use of it? . —No. ■ ■ .. .■/ ;-.■■■ - I

Why not? — It. is not customary to allow prisoners to use the telephone. Did you ask him whom he was wanting to ring up ? — No. . "We have had cases not so long ago which snowed men were not intoxicated when the police thought they were," said Mr. Thomas. Mr. Thomas: Why did you not allow him to see Detective Main? •The Constable: He was m bed. How do you know he was m bed? He might have been looking for the fife-bugs? — He does not work 24 hours a day. Albert Edward Manning' and Edward Jackson both gave evidence similar to the constable's m respect to the manner, m which the ' car was driven. Neither thought that Kimber was m a fit state to drive a car. Constable Connoi', r who was m the watch-house when Kimber was ,

brought- in, said that he considered that the man was drunk. His eyes were bleary. :,, ' Mr. Thomas: Did you hear him ask for anything at all? — Only for his freedom. The constable said that he had heard him ask" for Mating and Fullwood, but, at the time, he said, he was not capable of knowing what he wanted. • Mr. 'Thomas, again referred to the McDonald Smith case, but the constable said that he did not know anything abouj; it. Mr. Thomas: If a man asked you to communicate with friends or a doctor would you j do so? The Constable: Yes. • Why didn't you m this case? — He was wanting bail. The Magistrate, Mr. H. P. Lawry, S.M.: If he asked you to ring up Mr. Thomas would you have done so? The Constable: Yes.

Why not Maling? — He was wanting bail. Mr. Thomas asked him whether he honestly thought that he or the sergeant m charge should know whether a man could communicate with friends outside the station. ( "Speaking for myself, no," replied the constable. : A plea of not guilty had been made at the beginning of the case, but with the permission of the magistrate this was changed to one of guilty. Mi. Thomas said that Kimber, whose age was 54, was a reputable stock agent, and was' well known m the Springston district where 'he had been living all his life. He had come into the city to attend the funeral of the wife of a friend of his, and had met' a friend from the West. Coast. The Coaster had wanted to buy some stock, and Kimber had ■gone with him. He had 'had a few stouts, but, unfortunately, had had nothing to eat. In the evening he returned to the;. house .from which the funeral had left, and. he stayed there "for a time talking. He had had^ a few whiskies there,' and they had affected his of the

''j^ld Statement^ ■.

car when he went- out into the cold air. "I think it is absolutely wrong when a man goes to the police station and asks for certain men and is not allowed to see them," said Mr. Thomas. "It is time some instruction was given to the police, .otherwise an inexperienced person locks him m the cell when there is no charge at allagainst him." ../. Mr.- Thomas said 'that -he was not suggesting that that was so iri ; the present ca,se as he. believed m the honesty of Constable Connor. He then went on to explain what had happened m the McDonalds Smith case. "In reply to the wild statements made by Mr. Thomas about prisoners not being allowed to, communicate with friends, I must say that these are the only two instances I know of," said Sub-inspector O'Hara. "Mr. Thomas has brought up' isolated cases." "They are not isolated cases," said Mr. Thomas. "They happen every week. We have got a man m Constable Connor who happens to be honest." . " . Sub-inspector O|Hara: They are all honest, Mr. Thomas. The statements made by Kimber led the sergeant to wait until he had sobered down before he would listen to him. "That is just it," said Mr. Thomas. "A doctor is called an hour after a man has been brought to the station, and it is then said that the man has sobered down." Mr. JJawry said that under the circumstances he did not think that it was a case for a heavy fine, or that Kimber- should lose his license. Kimber was fined £5 and costs. iiiiiitiniiiiiiiiiniiiiiiiiiiiiniiiiiinmiiiiiiiiinuiiinuiinniuiimunniimmK;