VERDICT REVERSED

Sun (Auckland), Volume 1, Issue 3, 25 March 1927, Page 1

VERDICT REVERSED

AN ASSAULT CASE CONSTABLE AND MAORI When the jury returned a verdict in favour of Maaku Purua for £55 5s damages against George Nicholas Douglas, police constable, of Mercer, the defendant filed two motions asking for judgment on the ground that there was no proof that the plaintiff had complied with the provisions of section 13 of the Police Force Act, 1913. and that the verdict amounted to a finding for the defendant. He also moved for a new trial on the ground that the verdict was against the weight of evidence. The action was heard bv Mr. Justice Herdman and a jurv of four and concerned a claim for £230 damages for alleged unjustifiable assault. The defence was that the constable arrested the plaintiff, who was drunk, and that he used no violence. In delivering reserved judgment on the points at issue vesterdav, Mr. Justice Heardman said the plaintiff had not fulfilled the condition prescribed by section 31 of the Act, and was therefore debarred in the present action. Judgment would be for the defendant with costs. The good offices of the constable were mistinerpreted by tile plaintiff, who had taken drink and the matter had ended in his arrest. His Honour was not in accord with the jury's verdict and. having found tor the defendant, the verdict was reversed and there was no need to consider the a pplicn tion for a n.-»\y trial.