Appeal Allowed

Press, Volume C, Issue 29513, 13 May 1961, Page 14

Appeal Allowed

Mr Justice Macarthur allowed an appeal in the Supreme Court yesterday by Henry Frederick Stewart a reading contractor, against his conviction in the Magistrate’s Court on February 2 on charges of carrying on a goods service without a goods service licence in breach of the Railways Department's 30-mile restriction, and operating an overloaded vehicle between Christchurch and Timaru on September 24, The appeal was by way of rehearing. His Honour quashed the sentences, and dismissed both informations. He made no order on costs. Mr M. G. L. Loughnan appeared for Stewart. After hearing Stewart's evidence, his Honour said he was left in a .state of doubt, and Stewart was entitled to the benefit of that doubt Stewart, in evidence, said the driver of the truck at the time, Edward George Dore, had taken the vehicle without his authority to carry a bulldozer blade and frame from Christchurch to Oamaru. The Court did not have the advantage of hearing the evidence of a Transport Department officer given in the lower Court, said his Honour. The officer was at present overseas, and the Court had to reach its decision on the evidence given.