THE LAWS THE LAW

Bay of Plenty Beacon, Volume 7, Issue 48, 11 February 1944, Page 5

THE LAWS THE LAW

NIGHTWATCHMAN PROSECUTED

UXLIGHTKD PWCYCLE EPISODI

l< The points raised by the Chamber of Commerce should be made the subject of representations to the Transport Board" said Mr E. L. Walton,, S.M., when replying to Mr B. S. Bar 1*3% counsel for the Whakatane nightwatchman who was prosecuted for failure to carry a light on his bicycle. "Ti can't deny that they may have a strong' bearing on the case, but at the same time it has been proved that he was breaking the law by having no light attached to his machine.. Under the circumstances he will lie convicted and ordered to pay costs 5s only." The case Avhich came before the Whakatane Court last Tuesday was brought by the Transport Board's inspector against James Kinniard for failure to have* the regulation light attached, to his bicycle on the evening of December 17 last. The inspector added that the defendant contended that as nightwatchman he found it necessary to go about late at night without a light. He (the inspector) had taken this point up with headquarters but the official attitude was that there should be no exemptions.

Mr Barry who defended said that Kinniard was employed by the businessmen of Whakatane to patrol the town during' the night and in this respect he had given excellent service. He had found it -most effectual once the town was deserted to use no light on his, bicycle and by this means had been directly responsible for the arrest of thieves and undesirables. By using a light lie gave warning of his approach and his patrolling would on the main be useless. The police admitted defendant's great usefulness in keeping down crime and as lie Avas employed directly by the. business people of the town, lie felt it Avas his duty to giA~e the best possible service in the way Avhich Avould be the most effectual. The. magistrate commented as above.