North Canterbury News Motor-Cyclist Fined For Obscene Language

Press, Volume C, Issue 29510, 11 May 1961, Page 14

North Canterbury News Motor-Cyclist Fined For Obscene Language

A ccywriflerable confikt in Blair, SM. in the Magistrate's Court, Rangiora, yesterday, when he fined James Gordon, a freezing worker, *ged 21 (Mr A. D. Holland), £l2 for using obscene language, and £lO for operating a noisy motor vehicle St Kaiapoi on March 25. For driving without lights, Gordon was convicted and discharged. Further charges of driving in a dangerous manner and; failing to produce his driver’s licence and warrant Of fitness were dismissed. “Credibility is important in these issues and I prefer the evidence of the constable,” said the Magistrate. Constable I. E. Harris, stationed at Kaiapoi, said he was standing on the intersection of Charles and Cook streets at Kaiapoi at about midnight on March 25 when a motor-cycle driven by Gordon had turned left from Cook street into Charles street at a speed which required the rider to lean so that sparks were caused by some undersurface of the machine scraping the road. Dangerous Driving Constable Harris said the rider changed to a lower gear as he rounded the corner and accelerated with a great deal of noise to 40-45 miles an hour. “The rider, who lived about 158 yards from the intersection appeared suddenly to realise he had passed his house and braked violently leaving a skid mark 14ft long,” said Constable Harris. “The machine veered about the road, and after regaining control the defendant continued up the road with the lights out.” The constable, who had recognised Gordon, walked towards his house, and when half-way thare saw the machine coming back along the road, still with the lights out. Gordon turned up his drive where the motor-cycle stalled. “Gordon scrambled off the machine and pushed it round to the back of the house,” said Constable Harris. Gordon had then returned to the front of the house and stood in the middle of the drive. 10ft to 15ft inside the gate. “I told him I was reoorting him for dangerous driving and that I would have his licence cancelled if that was possible.” said Constable Harris. Obscene Language “I then walked back towards the intersection, and after I had gone about 30 or 40 yards he came on to the footpath and used obscene language. He continued this stream of abuse until I reached the intersection That was 158 yards away, and I could hear him plainly.” said Constable Harris. who added that he considered Gordon under the influence of liquor. Constable Harris said that latet- that day he had seen Gordon and had asked him! to produce his licence and warrant of fitness at the station. Gordon admitted he had not done so. Counsel for the defence said that if Constable Harris had considered Gordon to he under the influence o< drink then it would have been .his duty to have arrested him far examination Constable Harris said nolice had been instructed that persons on driving charges should not be arrested while they were on nrivate property unless circumstances were exceptional He said he knew anv attempt to arrest Gordon would have resulted in a brawl. Defendant’s Evidence Gordon said he had had about five boers while visiting his sister and her husband who lived in another part of Kaiapoi. He did not consider his speed round the corner excessive and at first denied braking at all. He later said he thou eht he had braked slightly. Gordon said he had continued past his house as he intended visiting his brother who lived In a side-street further on There had been no lights on in his brother’s house so he fihad returned home. fi Gordon said his lights

appeared to cut out because a flat battery had caused him to connect the lights directly to the generator and the strength of his lights depended on the speed of his engine. On arriving back at his house he said he pushed his motor-cvcle round to the back and then came round to the front to put the milk hotties out. He noticed Constable Harris approaching.

Gordon said Constable Harris had warned him to be careful or he would lose his

abused him after he had abused me. Constable Harris said eome out here and I will rive you a hiding,” said Gordon, who also claimed he had used only one insulting word. He denied using obscene language. The Magistrate dismissed the dangerous driving charge on the grounds of insufficient evidence. The charge of failing to produce a warrant of fitness was dismissed as this offence was repealed some years ago. The charge of failing to produce his driver’s licence was also dismissed as counsel claimed that Gordon was not asked to produce this at the time of the offence and when later asked he was not driving and did not have his motor-cycle with him. SHOOTING FROM CAR For driving his old model car slowly along Gladstone road, Woodend. on January 28, while two boys lay over the front mudguards and shot at rabbits, Albert Naera Murphy, an apprentice mechanic aged 17, was fined £3. Hopepa Te Rakitamau Reuben, whose 15-year-o!d son was one of the shooters, was fined £5 for supplying a firearm to a person aged 15 and a further £1 for supplying a firearm without a permit. INCONSIDERATE . DRIVER

For holding up traffic as he veered from side to side at 10 to 15 miles an hour on the Ohoka road near Kaiapoi on April 3, Arthur Richard Rutland, a farmhand, was fined £ 10 and his licence cancelled for a year for inconsiderate driving. Traffic Officer J. W. Clarke, said Rutland had been under the influence of liquor and he had removed Rutland’s keys. TRAFFIC OFFENCES

Other offenders against the traffic regulations were dealt with as follows:

Exceeding temporary speed limit: Deon Duncan Jackman, £5; George Henry Skevington, £5; Paul Henry Lagan, £6 (no warrant of fitness. £2).

Exceeding speed limit: lan Wilfred Jarman. £4; Marshall Daniel Aitkenhead. £5.

Failing to stop at a stop sign: Wayne Allan Mitchell, £3.

No warrant of fitness: George Rexley Hart, £2. Wrong class of drivers' licence: Phillip Ivan Pohio, £3. JUDGMENT SUMMONSES C. Palmer was ordered to pay the North Canterbury Electric Power Board the sum of £7 7s, in default eight days' imprisonment, the order to be suspended as long as the amount is paid before July 10. S. A. Campbell was ordered to pay McAlpines (Rangiora), Ltd, £37 Os lid, in default 39 days’ imprisonment, the order to be suspended as long as £2 a week is paid.