CONSTABLE IN HOTEL

Waikato Times, Volume 121, Issue 20264, 5 August 1937, Page 10

CONSTABLE IN HOTEL

CONVICTION QUASHED. MAGIBTRATEB INFLUENCED. SUGGESTION BY JUDGE. (By Telegraph.—Press AJsoclation.) AUCKLAND, Thursday. The conviction in the Magistrate's Court, Whangarei, by Mr. G. N. Morris, S.M., of William Butler, police constable, on a charge of being found after hours on licensed premises at Hikurangl has been quashed in the Supreme Court by a judgment given by Mr. Justice Reed. The facts are that about 9.25 p.m. on November 21 the sergeant of police and a constable went to the Hikurangl Hotel where in the private bar they found the licensee and four persons of whom appellant was one. There were five drinks on the counter. 'Cadman, the licensee, xvas charged with selling liquor after hours and exposing liquor for sale and four others appeared on the same charge as appellant. In the case against Cadman appellant gave evidence as a witness for the defence. Decision was reserved. Appellant’s evidence as given In Cadman’s case was taken as given m his own case and supplementary questions were asked. Decision was reserved. The charges against the other accused were then heard after which the magistrate delivered Judgment, convicting all the accused. The magistrate waited; until he had heard all the cases before announcing his decision on any of them,” said His Honour. “ Although a magistrate is entitled to do this it is a dangerous proceeding for if he has allowed evidence that he has heard in one case to have any effect on his Judgment on another that judgment cannot stand.” His Honour added that the circumstances raised a strong inference that the magistrate had allowed himself to be influenced by the evidence called in Cadman’s case. The appeal xx’as allowed and the conviction quashed. ,