CHARGE FAILS.

Auckland Star, Volume LXXI, Issue 227, 24 September 1940, Page 9

CHARGE FAILS.

NOT INTOXICATED. WITNESSES DISAGREE. There was a conflict of opinion given in evidence in the Police Court this morning when three constables and a sergeant considered that Cecil McMaeter, aged 37, a salesman, arrested early last Sunday morning, wae intoxicated and unfit to have charge of a motor car, while Dr. M. H. Heycock, the police surgeon, said McMaster was fit to be in charge of the vehicle. Before the defence had concluded its case, Mr. J. Morling, S.M., dismissed the charge brought against McMaeter—that of being in a state of intoxication while in charge of a car in Mount Eden Road. Sub-Inspector Calwell prosecuted and Mr. J. F. W. Dickson appeared for McMaster, who pleaded not guilty. Sergeant Milligan, in describing MeMaster's condition in the watch house, said that he staggered when he walked. When witness had instructed that Dr. Heycock be called to examine accused, he told McMaster that he could, nominate any other doctor who would be called by the police. McMaeter nominated two, but neither could come. McMaeter then became stubborn and; would not suggest other doctors. Mr. Dickson: If a professional man—a doctor—save McMaster was quite sober, would you eay he didn't know what lie was talking about?—No, but I would disagree with his opinion. Wae one of the grounds of your opinion the fact that McMaeter staggered?— Yes.

You know McMaster was paralysed on one side from birth ?—Yes, but it was on his . general appearance and behaviour that I formed my opinion that he was intoxicated. The writing test he was given by Dr. Beycock was quite satisfactory t —lt was. And so you consider yourself an authority as to whether a person is under the influence of liquor or not? — Well I've had Iβ years' experience in the city and I have seen hundreds of drucken men. Mr. Morling: I think a police sergeant is a person who can speak with eome authority on such a matter. Mr. Dickson (to the sergeant): You would put your opinion before that of any medical man in Auckland then?— No, but in this case I would. It wae submitted by Mr. Dickson that the only evidence against !his client was that of three constables and a sergeant. "The police called their own doctor and he certified that McMaster was fit to drive his car," added Mr. Dickson. "Between 6 p.m. on September 21 and 2 a.m. on the following day all the liquor than McMaster had was a shandy and two half handles of beer." Counsel then read the certificate given by Dr. Heycock, which stated that in hie opinion McMaster was fit to be in charge of a car. "He staggered as he walked, but a£ he has been paralysed from 'birth, this would account for the symptoms," said the doctbr in his certificate. Called by Mr. Dickson, Dr. Heycock said McMaster's writing test was, satisfactory and his speech normal. McMaster had taken liquor, but it wae not sufficient to render him incapable of driving a t r. After McMaster had given evidence, Mr. Morling said he did not require to I near further witnesses for the defence. I He was satisfied, in view of the definite ] opinion expressed by Dr. Heycock, that \ McMaeter's appearance of having , been j intoxicated was due to hie physical conI dition. "While that was eo I am not ■at all satisfied that you were not affected in s me slight degree by liquor," Mr. Morling told McMaster, in dismissng the charge against him. A man in -our condition should not take liquor •t all." The charge was dismissed.