ALIBI NOT SUFFICIENT

Wairarapa Times-Age, 23 February 1939, Page 9

ALIBI NOT SUFFICIENT

CHARGE AGAINST ROYAL OAK LICENSEE. SEQUEL, TO WAINGAWA FIRE. (“Times-Age” Special.) Among the several thousands who attended the big blaze at Waingawa Works on February 4 were Robert Malcolm, a Carterton youth aged 19, and four companions all aged 16 years. After the fire they returned to Carterton and, before proceeding to a dance at Dalefield, they had a “tarpaulin muster” and raised sufficient money to purchase six bottles of beer from the Royal Oak Hotel. The sequel was the appearance in the Carterton Magistrate’s Court yesterday before Mr H. P. Lawry, S.M., of A. E. Izzard, licensee of the Royal Oak Hotels on a charge of selling liquor after hours and of Robert Malcolm charged with aiding and abetting in the sale of liquor. Izzard was fined £5 and 10s costs and Malcolm £2 and 10s costs. The evidence of Malcolm and his four young companions was substantially the same. They said that Malcolm and one of the boys went into the hotel where they were met by the licensee who told the younger boy to wait outside as he was too young. Malcolm was served with, six bottles of beer. The stated time of the vis±v the hotel, however, varied from 9 p.m. to about 10.30 p.m. The defence was a complete denial of the offence and Mr D. L. Taverner, who appeared for Izzard, contended that the stories of the youths had been made up and was quite untrue. Mr Taverner said Izzard and his. son attended the pictures in Carterton on the night of the fire and the show did no. come out until nearly 11 o’clock. I. was impossible for Izzard to have sold liquor before 11.15 p.m. Izzard did not know any of the boys and had nevei seen them before. Mr Taverner called R. R. Tansley, a relieving theatre manager, who said .nu ne spoke io Izzard when the pictures were coming out, some time between 10.30 and 11 p.m. Izzard had reserved seats. Robert Caley, barman at the Royal Oak, said he did not serve anyone on the night of the fire and could, not have done so if he had wanted to as he did not have the keys. At the conclusion of the evidence Mr Lawry said: “I do not think your alibi is quite sufficient. According to the evidence of the boys it would have been possible for you to have returned home and served them with the beer. I have no doubt that you were at the theatre, although the evidence of the barman throws some doubt on it. Time is the determining point and the manager of the theatre says that the pictures came out between 10.30 and 11 p.m. In considering the credibility of the boys’ "story it must be remembered that they were what might be termed accomplices and were open to be charged.” Mr Lawry then imposed the penalties stated above. Senior-Sergeant G. A. Doggett, of Masterton, conducted the case for the police.