SIMON HENDERY

Last updated15:52, July 31 2017

MARTY SHARPE/FAIRFAX NZ

Major Keelan, seen here begging in Emerson St, central Napier, says he is delighted police have dropped charges against him. (File photo)

Police have dropped charges against three Napier beggars who were preparing to go to court to fight charges of breaching city bylaws by soliciting for money.

The three menTurei Cooper, Major Keelan andMylesHemopo hadpleaded not guilty to charges of breaching a council bylaw that forbids them from soliciting for money without permission.

The triowere due to appear for a judge-alone trial in Napier District Court on August 15, but on MondayInspector Andrew Sloan said police would not be pursuing the case against the men.

MARTY SHARPE/FAIRFAX NZ

Myles Hemopo, outside Napier District Court, where he was facing charges that will now be withdrawn. (File photo)

"After consultation with the local city council, police have elected not to proceed with these prosecutions and the charges are to be withdrawn," Sloan said.

READ MORE: * Beggars go to court arguing that begging is a 'fundamental freedom of expression' *Napier beggar's life of struggle, hope and ascent out of a 'dark, dark place' *Napier to start using security officers as part of council clampdown on beggars *Police find and arrest wayward Napier beggar Frank Lovich

"Police will continue to respond to reports of anti-social behaviour in the city, including any which may accompany the act of 'begging'," he said.

In a case that was being watched with interest by other councils around the country, the men had been planning to argue that, by denying them the right to beg for money, the Napier City Council was breaching their fundamental freedom of expression under the Bill of Rights.

It was an argument thatleading human rights lawyerMichael Bott previously said had merit because no council could construct a bylaw that was inconsistent with Bill of Rights.

"By outlawing begging, the council has basically behaved unlawfully," Bott said.

Keelan said on Monday he was delighted with the decision to drop the charges, but remained concerned police had indicated beggars would remain potential targets for prosecution.

"I beat the Government!" he said. "I just hope the cops don't keep picking on me."

He said he had no plans to change his behaviour, and a "Homeless Donation Thank You" sign he displayed in the CBD did not amount to soliciting for money.

"Everybody's got the right to ask for a little bit of help in New Zealand. 'Donation' doesn't mean we're askingfor money. It could just be listening to us," he said.

"At the end of the day, I appreciate people coming up and talking to us that's a donation."

Napier City Council community strategies managerNatasha Carswell said in reviewing the charges, police had asked the council for its stance on the bylaw.

"We confirmed that we did not intend to enforce the bylaw to address begging for two reasons: the first is that we prefer a longer-term approach, and second we didn't think it would act as a strong deterrent."

The council had implemented a "street management programme that provides a presence in the CBD in an effort to reduce the anti-social behaviour associated with some who are also begging, working in with police".

Through the programme, the council was"engaging with people who beg to try to link them with the help they need", Carswell said.

-Stuff

See the rest here:

Charges dropped against beggars who claimed 'freedom of expression' - Stuff.co.nz