A drink-driving case against a Taranaki man was dismissed yesterday after he argued police had not given him a phone book to call a lawyer.
In Hawera District Court, Judge Edward Blaikie found in favour of George Oliver's contention that police may not have done enough to contact his lawyer
of choice.
Lawyer Peter Brosnahan claimed Stratford constable Shaun Darth lied to cover up a lack of process in the case, the Taranaki Daily News reported.
The court was told Oliver had specifically asked for Mr Brosnahan after he blew a breath test reading of 537mgs on January 6 but neither he or Mr Darth knew the phone number.
The contentious point was whether or not Mr Darth then offered Oliver a phone directory to contact him.
During cross-examination Mr Darth admitted he had created the job sheet, in which he said he had offered a phone book, months after the arrest.
Mr Brosnahan argued Mr Darth had only made a record of offering a list of other lawyers at the time and had written up the job sheet only after he was told the grounds on which Oliver would be contesting the charge at court.
At the hearing Mr Brosnahan accused Mr Darth of being a liar.
"I'm a police officer. I don't tell lies," he replied.
Judge Blaikie dismissed the case, saying he was "unable to determine the factual situation beyond a reasonable doubt".
- NZPA
