CASE DISMISSED

Bay of Plenty Beacon, Volume 8, Issue 47, 9 February 1945, Page 5

CASE DISMISSED

IRREGULAR PASSENGER

SERVICE

DRIVER VICTIM OF CIRCUM-

STANCES ?

Holding that the defendants Musgraves Services ? Ltd:, G»swere more the victims of circumstances rather than an erring to a breach of the transport Mr E. L. Walton at the Whakatane Magistrate's Court last Tuesday dismissed' the charge brought by the Transport Department regarding the unauthorised running of a passenger serviqe to and from the Whakatane Golf Links last Labour Day week-end.

Inspector R. B. Dog'gett in evidence stated that on the dates in question the local golf club had run a tournament which brought competitors from as far away as Gisborne. Musgraves. Seryippg' hfld been engaged to transport the players as far as Opotiki but later arrange--ments mflde. ifr possible for the same company to travel as far as Whakatane. Not content with the same vehicle had been utilised to run a daily passenger service to and from the links. No license existed for this authority neither had there been any application made for it. Witness had interviewed Mr Musgrave himself who admitted that he held no permit to make this run. To Mr Barry, witness admitted tliqj Road Services did hold a passenger license between Whakatane and Tauranga and that Musgraves vehicle ran along this route to where the golf course road adjoined and travelled only approximately 1 mile further to reach the links.

Mr Barry "who defended said that tlie circumstanccs surrounding the case were rather peculiar. It was correct that a large party of golfers travelled from Gisborne and that Musgraves transport was to take them as far as Opotiki. Under arrangements with Road Services, the passengers had been carried on to Whakatane. From there Road Services' had undertaken to institute the passenger run to and from the links. The Rotorua manager had at the last moment found this impossible to carry out, and had suggested that Musgraves bus whilst it was in Whakatane could be utilised for this purpose. This arrangement had been, mutually agreed to as it saved a double trip by Road Services or the alternative necessity of many private cars being daily engaged. The position said Counsel, was that one Government Department practically authorised an arrangement with a private owner whilst another Department -immediately prosecuted him for proceeding to carry it out. He therefore respectfully submitted that the whole charge be. dismissed in view of the circumstances. "You quote one department authorising a breach of the remarked Mr Walton. "That, is all very well, but you, as Mayor know that you cannot authorise a breach of your own by-laws. The position is the same. I consider that the defendant has been more or less a victim of circumstances and will therefore dismiss, the information."

Representatives of the Dairy Companies present (Rangitaiki and Opotiki) declared that they would not be giving evidence but -were nevertheless interested parties to the representations. The -Chairman, in concluding the sitting thanked all present i'or their clear and concise evidence and ex--3 pressed the hope that mutual good would come out of their representations. The committee would go carefully into all the points raised and make its recommendations accordingly. Mr I. Thomas for the Railways, paid a warm tribute to the. manner in which the Whakatane Harbour Board had made rts submissions'. "It is the fairest and most unbiased statement we have had in the whole of our tour" he declared. "There •J arc no insinuations against the rail competition and the. whole aspect is one which makes for conviction and fair-minded thought,"