OBSTRUCTION ALLEGED

Waikato Times, Volume 127, Issue 21210, 5 September 1940, Page 2

OBSTRUCTION ALLEGED

FACTORY INSPECTOR’S DUTY INCIDENT IN RESTAURANT Charges under the Shops and Offices Act, were heard before Mr S. L. Paterson, S.M., in the Magistrate’s Court, Hamilton, today when the inspector of factories, Mr F. W. Ashby, proceeded against Mate Borich, restaurant keeper, of Hamilton (Mr H. J. McMullin). The charges were that on August 16 Borich employed a female in a restaurant after 10.30 p.m. and that on June 29 he obstructed a*n inspector of factories in the execution of his duties. A plea of guilty was entered in the first instance and of not guilty in the second. On the first charge Borich was fined £2 and costs. With regard to the obstruction • charge, Mr Ashby said that at 11 p.m. on June 29 a factories inspector, Mr L. T. Bramwell, saw a woman operating as cashier in the restaurant. He entered and questioned Borich and the woman, out neither would disclose her name. The inspector brought a constable and again Borich refused to give the woman’s name. The woman had left by this time. The inspector was told that the woman was not actually working » but was merely giving a helping hand. Mr McMulftn submitted that a charge of obstruction could not be brought under the Shops and Offices Act. It was clear from the evidence that Borich had not endeavoured to refuse the inspector’s entry, but had objected to giving the name of the person whom the inspector thought was an employee. Borich was not obliged to give any information which might have incriminated himself. The inspector was told that the woman was a friend, and defendant was not obliged to give her name. The magistrate reserved his decision.