Magistrate’s Court Sitting

Bay of Plenty Beacon, Volume 12, Issue 36, 9 April 1948, Page 5

Magistrate’s Court Sitting

Low Flying Over Ohope Costs Pilot £lO Fine Pleading guilty to a charge of low flying over Ohope Beach in an Aero Club Tiger Moth aeroplane on January 9, Hoani Waititi was fined £lO, with costs totalling £1 8s by Mr E. L. Walton, S.M., in the Magistrate’s Court at Whakatane on Tuesday. Prosecuting, Sergeant A. B. Collinge said that the defendant, ' a member of the Tauranga Aero Club, was the holder of a pilot’s A license. There had been several complaints of the plane’s low swoop over Ohope, some estimating its height at as little as five feet. Waititi said that, when he had reached Whakatane on the way from Opotiki to Tauranga, he ran into low cloud and turned back. He admitted making a “run” along the beach, but claimed he endangered no-one, being in complete control all the time. He had previously told the police he had not come below 50ft.

Practical Joke Went Wrong: Car Damaged

A practical joke that went wrong led to the conviction of three young men, prosecuted by the police. Harold Trevor Bingham (Mr Barry) was convicted on a charge of committing mischief, and ordered to pay costs only 12s, as well as 14s 9d (half the damage to a car owned by Raymond W. Hewitt, from which defendant had admitted pulling out the distributor wires and breaking the spring of the distributor rotor). On a charge of being in control of a car at night without lights he was fined £1 and costs 10s, the Court taking the view that, though not the actual driver at the time, he was a front seat passenger in his own car and exercised some control. Patrick Gardiner, who had admitted opening the bonnet of Hewitt’s car and was also charged with mischief, was convicted and ordered to pay costs 12s witness’s expenses 10s and damages 14s 9d . Leslie Oliphant Stewart, who pleaded guilty to driving Bingham’s car with the lights off, was fined £l, costs 12s and witness’s expenses 10s. His Worship said he accepted the explanation that the whole thing was intended as a practical joke after a party and that there was no intention to damage Hewitt’s car.

Cyclists Without Lights

A number of cyclists who were prosecuted by the police for riding their machines at night' without lights were convicted and fined 5s each with costs varying from 12s to 14s. They were Peter Bowering, William James . Mickell, Terence Joseph Loney, Leonore Butler, Arthur Oliver Bigwood and Arthur Stanley George Cruse. Cyril D. Malaquin, caught by the Transport Department’s traffic inspector, Mr K. R. McD. Sharpe, was fined 5s and costs 16s for cycling without a light.

Other Traffic Offences

Prosecuted by the Traffic Department’s Inspector, Paki Pouwhare pleaded guilty to failure to give way to traffic from his right and was fined £l, costs 325. ’ On the information of the County Council’s traffic . inspector, Mr A. Carling, Eric James Bridgman was fined 10s and costs fills for knowingly permitting an unlicensed tractor to run on a County road.

Unlawful Liquor Supply

Richard Nuku, charged with assisting in the supply of liquor to himself, a native, for consumption off licensed premises, was convicted and fined £2, costs £1 15s. Joe Hona, similarly charged, was fined £2, costs 19s; Peter Rewi, Walter Kopae and Romana Kingi, also charged with similar offences were each fined £2, with costs 17s in Rewi’s case and 19s in each of the cases of Kqpae and Kingi.

Small Theft

Matu Fraser, labourer, pleaded guilty to the theft of . a lamp globe worth 2s 6d from the Taneatua Hotel. He was convicted and ordered to come up for sentence if called upon within two years, a condition being that he taken out a prohibition order. He was ordered to make restitution, 2s 6d, to the owner of the lamp globe.

Civil Judgments

Judgments for plaintiffs by default were given in the following civil , cases : N, E. Rigden and Co. v Chas. R. Young £2 18s and costs £1 13s; P. J. Green Ltd. v C. R. Young, £7 12s 7d and cogts £1 15s 6d. Judgment summons orders: N. Hitchins to pay Wallace Supplies Ltd. £8 12s 3d at the rate of 10s a month, in default 8 days’ gaol; B. Huriwaka to pay the Standard Trading Co. Ltd. £8 16s 6d at the rate of 10s a month, in default. 8 days’ gaol; J. Keepa to pay A .H. Morpeth £5 13s 7d, in default 5 days’ gaol.