Magistrate’s Court Council Parking Lot Not Considered Road

Press, Volume C, Issue 29498, 27 April 1961, Page 12

Magistrate’s Court Council Parking Lot Not Considered Road

Ruling that a reserved parking space in the City Council's parking area in Tuam street was not a road within the meaning of the Transport Act, Mr A. P. Blair, S.M., dismissed a charge in the Magistrate’s Court yesterday against Raymond Patrick Boyle, aged 17, a freezing worker (Mr A. K. Archer), of being in charge of a motor-car while under the influence of drink or drugs. Sergeant T. A. A. Marson. who prosecuted, said that a constable on patrol in St. Asaph street at 6.25 a.m. on April 23 found glass on the footpath outside the parking lot The constable looked in the parking lot and found a damaged car with Boyle asleep inside. Boyle was taken to the Central Police Station, where he was examined by Dr. F. L Scott who considered Boyle was not fit to be in charge of a car. Sergeant Marson submitted that as Boyle's car was in an area to which the public had access the parking lot came within the definition of a road. Mr Archer said that the area in which Boyle’s car was parked was where the City Council rented parking space, not where any member of the general public could park a car by paying a fee. The "Magistrate told Boyle that if it was within his powers he would cancel Boyle’s driving licence for a period. However, it was not possible to rule that the reserved parking space was a road, and therefore the Charge would be dismissed. TAX MISAPPLIED C. A. and D. Tucker, Ltd. (Mr R. J. De Goldi) was fined £lO on five charges of misapplying tax deductions amounting to £66 9s 4d. Mr I. J. Polson, who appeared for the Inland Revenue Department, said the offences occurred between May and September, 1960. Mr De Gold! said that the reason for the non-payment of the tax deductions was that the senior shareholder in the company, which was a building firm, had become ill. and the company had nearly become insolvent. IDLE AND DISORDERLY Admitting to not having a job and having slept in Hagley Park for the last week. Michael Joseph Hanafln, aged 55, a workman, was convicted of being idle and disorderly and ordered to come up for sentence if called upon within six months. Sergeant Marson said that Hanafln had been found in a dirty and dishevelled state in Cathedral square on April 24. He had Is on him. Hanafln said he bad arranged a Job at West Melton, but could not remember the name of his prospective employer. POLLUTED WATER The Canterbury Frozen Meat Company, Ltd. (Mr M G. L. Lough nan) was convicted on a charge of allowing a poisonous liquid to escape into the Kaputone stream and Styx river. Mr B. McClelland, who appeared for the North Canterbury Acclimatisation Society, said the company had not been aware that the liquid discharged was poisonous to fish, and as soon as it learnt that the rivers had to be restocked offered to pay the £3O needed for restocking and cleaning the polluted water. The Magistrate said he would take into account the generous action of the company, but as a deterrent to other firms would enter a conviction. FISHING BREACHES For using lure or bait other than artificial fly or minnow Ross Power was fined £2. Mr McClelland, for the North Canterbury Acclimatisation Society, said that a field officer found Power using bulhes as bait when fishing In the Ashley river on October 2. 1960. Robert Walker was fined £3 fpr fishing in the Heathcote river on October 1, 1960, with a fishing licence. REMANDED Leonard Brown, aged 48. was remanded on bail to May 8 on a charge of theft of £4O. -Charged With being found on enclosed premises in Burwood on April 24 William Kenneth Sullivan, seed 44

was remanded on bail to May 8. Warwick Dailey, aged 31 (Mr B. McClelland), was remanded on bail to May 8 on a charge of driving while under the influence of drink or drugs.

Charged with driving a car on April 24 while under the influence of drink or drugs, William Sinclair Gardiner, aged 37. was remanded on bail to May 8. Interim suppression of name was granted to a man who was remanded to May 8 on a charge of assault on Anril 25.

(Before Messrs P. A. Le Brun and H. A. Harrow, Justices of the Peace.) MAN FOR TRIAL

A motor accident at the intersection of Mina and Stewart roads, Cheviot, on Christmas Day last year in which an elderly woman was killed, resulted in two men appearing on charges arising from the accident. Both elected trial by jury. Peter William Drake, aged 23 (Mr B. McClelland), was committed to the Supreme Court for trial on a charge of reckless driving causing death. Bail was allowed. A charge of negligent driving causing death against Peter Forrester Childs, aged 63. (Mr J. G. Hutohison) was dismissed. Charges of manslaughter against both men were withdrawn by leave of the Court. In a statement made to the police on January 10, Childs said that he left his home about 11.30 a.m. to go to his son’s for Christmas dinner. In his car were his wife and his wife's cousin, Lilian Mary Dailey, who was killed in the accident. The corner where the accident occurred was only a short distance from his home and he could remember nothing of what happened. In his final submissions. Mr Hutchison said that the accident was not the fault of his client but of the other motorist, who a witness had estimated was travelling about 80 miles an hour. In a statement made to the police at Cheviot on December 23. Drake said that he had been to his father’s place and was going away to get Christmas presents when the accident occurred. In his submissions Mr McClelland said the accident was caused by the failure of Childs to give way to his right.