CASE WITHDRAWN

Bay of Plenty Beacon, Volume 7, Issue 75, 23 May 1944, Page 7

CASE WITHDRAWN

IDENTITY OF DEFENDANTS OPOTIKI TRAFFIC BREACH An unusual position arose at the sitting of the Opotiki Magistrate's ICourt last week when Inspector J. H. Morrell proceeded against Ruff Bros, on three charges. The alleged offences took place in Nelson. Street on April 24, and the charges were that the defendants operated a motor lorry with no number plates, with foot and hand brakes which were not efficient, and with a door which was not fitted with an efficient device for opening and shutting it. Mr N. V. Hodgson who appeared for defendants stated that he was there not to plead against the charges, but he submitted that the information was against Ruff Bros, whereas a charge should be against an individual. The Magistrate agreed with this submission, stating that a charge must be against individuals or incorporated societies. The defendants, however, might only be putr ting off the evil day. Mr Hodgson said that he had other grounds for objection, and that was against the service of proceedings. The Magistrate said that the Inn spect.or may choose to prosecute all the brothers. , Mr Hodgson said that he was prepared to take that risk. Inspector Morrell said that the. particular truck was registered in the name of Ruff Bros. The Magistrate said that, two wrongs did not make a right. The Inspector was granted leave to withdraw the charge.