LEFT GATES OPEN

Bay of Plenty Beacon, Volume 2, Issue 223, 9 October 1940, Page 5

LEFT GATES OPEN

WAIMANA FARMER CHARGED CONVICTION "RECORDED A pica of not guilty was entered when, before Mr E. S. Walton, S.M., in the Magistrate's Court yesterday, the Whakatane County Council (Mr T. E. Hamerton) proceeded against Gilbert Kirkbride Mr.C. A. Suckling) with the charge that defendant did leave open the swing gates erected across the public- road in the Whakatane County known as Kirkbride's Road. Counsel said that although- a pica of not guilty was made, the facts as stated by the prosecution would be admitted 1 . Mr Hamerton informed the Court that the road mentioned, for practically its whole length passed through the property of a Mr Wardlaw and for a good} dea.ll of its kngtli it passed through Mr Ward-., law's night paddock. There was an agreement with the County Council to leave the riiglit paddock portion unfenced. Mr Ward! aw and" 'a farm-hand had seen defendant go through the gates ; and leave them open after him. It might be suggested by the defence that the charge should be dismissed as trivia], said counsel, but the case quoted was not an isolated one. Defendant had had warnings. The County Council had said that it would put tip gates across Kirkbride's Ro'ad, sai d Mr Suckling, and defendant had agreed as long as the council put in cattle-stops as well. Defendant admitted that lie had left the gates open but others had also. "In these circumstances," said counsel, "I suggest that the matter be dismissed as trivial under the Justices of the Peace Act." Defendant was convicted and ordered to pay costs totalling £2 2s.