"A POLICE TRAP."

Taranaki Daily News, Volume LVI, Issue 214, 10 March 1914, Page 7

"A POLICE TRAP."

CONSTABLES AC'CI'SKD OK LYIXO AND TREACHERY. POLICE METHODS CHITICISEJ). JX WAITAIU CAM IXC CASKS. At flit! Magistrate's Court vesterd.iv. • iuforc Mr. A. Crooke, S.M., il'ie lieariny of tlif cases against Thomas Uellier and Hoy Jury. both of Waitarii. c-]i;ir<4''':l with having kept common gaming houses and with having received money for bets oil racehorses was continued. Mr. A. 11. Johnstone appeared for Mellier, and Mr. F. E. Wilson for Jury. The cases were commenced at Waitara on Wednesday last, when the evidence ol tin; police was taken, and an adjournment was granted 011 the application ol counsel for the defence. When the case against Ilellier wat called. .Mr. Johnstone reminded hij Worship that at the previous hearing !n and Mr. Wilson had objected to the production of certain race cards, books and ;>;< !>e:'s I omul 011 the accused and on their premises. He now submitted that the curd anil the notebook found 0:, Hellier were inadmissible 011 the ground that they were not instruments oi gaming within the meaning of the Act and could not therefore lie seized under the warrant. The Gaming Act, continued counsel, authorised a constable to enter any suspected premises, to arrest and search all persons found therein, and to seize tables and other instruments of gaming. He cited a case under English law, by which it was held, he said, that betting slips, and books were not instruments of gaming. The Court of Appeal in New Zealand had also decided this point in the case of Burnett and Grant v. Campbell, in which Mr. Justice Williams had said: "The warrant authorises the seizure of tables anil other instruments of gaming. An English case has decided that books and papers are not instru ments of gaming, and with this decision 1 agree." Mr. Johnstone submitted, therefore, that the polici had no right to seize Ihe notebook and race card* Mr. Crooke. S'.M.: J) vs tli-il nuke : them inadmissible? ! Mr. .lohnstone: Certain]'. - . Tin v I should neve: - have got (hem. Mr. Crooke: Jt.it v/ie. - - - have j them. Mr. Johnstone: The are mere tres-pas'-'ers. Mr. Crooke: And if I hey are! Mr. Johnstpne:: Then tliey should not be allowed to produce what they have wrongfully obtained, ant] otherwise they have 110 evidence against, Hellier. Mr. Crooke: There might be an action against the polite. Mr. Johnstone: If that were the only remedy, the police could do what they pleased, and a person convicted on evidence illegally obtained would merely lie told to bring an action against the police. Counsel then ited cases to show that while the police, after arrest., might seize any articles tending to prove the guilt of the person arrested, in this case the books were taken before the arrest. Moreover, in Hellier's case, there was nothing to show tliat the premises were used expressly as a gaming IIOURC. Mr. Crooke, S.M.: The bets made by the constable are something to go on. Mr. Johnston: Yes. There was a ipolice trap. Unfortunately, 'there is nothing to prevent the police making bets with a man (ike this, and tliev cannot be prosecuted for breaking th« law. Mr. Crooke: How ;tse are they to get a conviction ? Mr. Johnstone: In this case they employed lying and treachery. Ilellier didn't want to liet. but the constable induced him to break the law. Disg-.iije is bad enough. The police have 110 right to induce a man to break the. law when he doesn't want to do so. That is all the evidence they have. The rest is inadmissible. There is no direct evidence. of unlawful use. The books and cards are only such as might bo used by any sporting man. , Mr. Wilson, on Jury's behalf, made a defence similar to that which .Mr, Johnstone had put forward. Gaming instruments were dice, cards, roulette tables, etc. It was n ear". of search and arrest, and not arrest and then search. There was no evidence of Jury's having made bfcts. A man had come to his saloon and given him money. He had told the constable that lie did 110 betting, hmt put all his money on "up the road." The money he received from the man in question was merely to lie put on "up the road," for him as a friend. The ease was isolated and insufficient. 'Senior-iSergeanl lladjdrell contended that as the Act provided that, betting I bouses were gaming houses, it followed that instruments of betting were in strunients of gaming. Mr. Crooke intimated that lie would look into the law quoted, and give hi* decision at Waits-a to-morrow week.