DREDGED SAND IN PROHIBITED AREA

Sun (Auckland), Volume I, Issue 153, 19 September 1927, Page 9

DREDGED SAND IN PROHIBITED AREA

MANUKAU PROSECUTIONS The Auckland Harbour Board has commenced activities on the Manukau that will undoubtedly come as a surprise and warning to persons engaged in sard-dredging in those waters. At the Onehunga Police Court this morning, before Mr. E. C. Cutten, S.M., Morton Paul and W. Preston were charged by Captain R. H. Gibbons, harbourmaster, with having illegally removed sand from the harbour contrary to the regulations. Counsel for the board. Mr. J. Gray, stated that on the night of July 7, Captain Gibbons found defendants, each in a separate punt, taking sand from a prohibited area of the beach. One vessel was about 100yds. from the authorised point. Preston’s boat contained about 40vds. of sand. Paul’s )ur.c was about 200yds. within the prohibited area. Each man should have been fully aware that be was committing an offence. Mr. Allan Moody, for the defence, said the prosecution was the first of its kind in Onehunga, and the two lines c*f marginal posts had a deceiving effect upon his clients. There was no suggestion that there was any reason why the men should dredge at the particular spot. They worked on ordinary tides, and on this occasion had to go out with the night tide. Defendants had regularly paid their royalties, both before and the offence, and no attempt had been made in any way to “beat” the Harbour Board.” The onus of proof that they weie on the proper side of the marginal line rested upon defendants, but with the reputation held by Captain Gibbors in this connection, dispute would be impossible. The Harbour Board did not ask for a heavy penalty, and, as the costs would be somewhat high, counsel asked for a nominal fine. Mr.. Cutten fined Paul £2, with £4 17s costs, and Preston £2 and £5 7s costs.