POLICE AND THEIR DUTIES.

Wairarapa Age, Volume XXXII, Issue 9718, 14 February 1910, Page 5

POLICE AND THEIR DUTIES.

INSPECTING ORDERS FOR LIQUOR. A CRITICAL CROSS-EXAMINA-TION. During the hearing of the liquor case Police v. Burridge (particulars of which are published elsewhere), Sergeant Miller, who conducted the prosecution, was subjected to a decidedly critical cross-examination, whilst he was in the witness box. at the hands of Mr C. A. Pownall, counsel for defendant, on the question of the limitation' of the powers of the police in regard to the inspection of orders for liquor from Master ton residents.

Mr Pownall: Is it your cuatorn to go over the whole of the books of the Glerk of the Court to see what liquor is received by the population of Maaterton daily?

Sergeant Miller replied. '"Yes," but denied that he allowed his constables to do so.

Mr Pownall: Are you aware that you only have the right to inspect the books of the Court when an offence is reasonably suspected,, and then only with regard to the particular entries. Sergeant Miller: "No," but ( as inspector of licensed premises he concluded that he had the right to a full inspection ot the orders that camein. Mr Pownall pointed out the section of the Act to Sergeant Miller, and warned him that he was going too far in exceeding his duty in the course he wa« apparently taking. The whole object of the statute was privacy,, and neither he, nor any other person,, had any right to know what liquor was ordered by "Dick, Tom or Harry," unless for the purposes of a contemplated prosecution. Sergeant Miller, after some hesitation, admitted this to be correct, and stated that he could not do so without going over the whole of the orders

Mr Pownall thereupon warned him to be a little more particular in future. Continuing,. Mr PownalL said: Did you send a constable to examine- the brewer"s books and orders. Sergeant Miller:: Yes. Mr Pownall: By what right,, without a search warrant, had either yourself or a constable to demand a search in private people's affairs. Sergeant Miller stated that he was right in giving the orders he did. Mr Pownall: Take the Licensing Act, Sergeant, and show me under what section you have the right to eaqure from a brewer what liquor any member of the population ordered at a given date. Sergeant Miller, after examining the statute, admitted there was no authority. Mr Pownall suggested that Sergeant Miller might be a little more careful in future, and not convert the Act, such as it was, into an institution like the "Star Chamber" or the "Spanish Inquisition." Sergeant Miller stated that he felt relieved to know that his powers were limited, and that he would act accordingly in the future.