Magistrate’s Court Charges Dismissed; Evidence Held To Be Inconsistent

Press, Volume CV, Issue 31004, 9 March 1966, Page 18

Magistrate’s Court Charges Dismissed; Evidence Held To Be Inconsistent

Three separate charges of riding motor-cycles at speeds which might have been dangerous on Main road, Redcliffs, on December 4, against three 20-year-old airmen, Leonard Charles Webb, Dennis Francis Murphy, and Donald Alister Oliver, were dismissed by Mr J. D. Kinder, S.M., in the Magistrate’s Court yesterday. After hearing the evidence against Webb, the Magistrate dismissed the Charge because of what he called “inconsistencies in the traffic officer's evidence.” Mr J. R. Milligan appeared for Webb, who pleaded not guilty. The charges against the other two youths were dismissed without being read immediately after Webb’s ease. Traffic Officer C. Randolph said that he had Checked the speed of the three youths for five-tenths of a mile between Cave terrace and Cliff street at 51 mites an hour. The youths were travelling towards Sumner in a triangular formation. In cross-examination by Mr Milligan the traffic officer said

that he had begun the check one-tenth of a mile on the town side of Cave terrace. Mr Milligan put it to Traffic Officer Randolph that in his report to the department he had given the commencement of the check as one tenth of a mile on the Sumner side of Cave terrace. The Magistrate said that the case for the prosecution stood on the traffic officer’s evidence which was to the effect that the defendant Webb was driving at 51 miles an hour. If that speed were proved he would consider the speed to be dangerous. The speed check depended on the accuracy of the traffic officer’s observation, said the Magistrate, and there were a number of matters in his evidence and in cross-examin-ation which were inconsistent. The Magistrate said that he did not intend to canvass these inconsistencies, but as a result of them the Court was left in considerable doubt. “If there is reasonable doubt, the case must be resolved in favour of the defendant,” said the Magistrate. (Before Mr H. J. Evans, S.M.) CASE DISMISSED A charge against Arthur Ivan Baxter, a company secretary (Mr G. C. P. Beadel), of failing to comply with traffic lights on December 30, was dismissed. Baxter pleaded not guilty. Traffic Officer Randolph said that at noon on December 30 he was travelling east along Bealey avenue behind another car. At the intersection of Papanui road and Victoria street, the lights were in his favour, and the car in front began to cross the intersection. A car with a trailer which was proceeding from Victoria street into Papanui road, crossed in front of the other car about 30 miles an hour, causing the other car to brake to avoid a collision. In cross-examination, Traffic Officer Randolph said that he first saw the defendant’s car when it was level with the centre islands of Bealey avenue. In evidence, Baxter said that he had travelled west on Bealey avenue and had turned right into Papanui road. He had stopped between the islands in Bealey avenue to allow about six cars to pass, but failed to see the car which was in front of the traffic officer.

Baxter said that his speed across the path of this car would not have exceeded 15 miles an hour. Mr Beadel submitted that the traffic officer’s evidence was unreliable, and that he had probably constructed the events from his first observation of the defendant’s car. The traffic officer failed to ask Baxter from which direction he had come. The Magistrate said that he accepted the defendant’s evidence, and the charge would be dismissed. THEFT OF MONEY Charged with the theft of £l5 in money, the property of Stranges Food Store, on March 8, Lawrence Henry Erie Clare, aged 40, a driver, was convicted and remanded on bail to March 14 for a report and sentence. He pleaded guilty. Sergeant V. F. Townshend said that at 11.30 a.m. yesterday a complaint was received from Stranges Food Store that £l5 in cash had been stolen from the rear of the store between 9.30 a.m. and 11.30 a.m. Clare, who was employed by a firm who had made a delivery to the store between 10.30 a.m. and 11 a.m., was the only person known to have been in the storeroom that morning. When questioned by the police, Clare admitted taking the money to pay some outstanding debts. He had previous convictions, and was at present on probation, said Sergeant Townshend. FINED £l2 10s Charged with driving at a speed which might have been dangerous in Wainoni road on September 16, Michael Swan, a butcher (Mr B. A. Barrer),

was convicted and fined £l2 10s, and was disqualified from driving for one year. He pleaded not guilty. Traffic Officer W. L. Nicholas said that at 6.22 p.m. on September 16, he checked Swan’s car at a speed of 52 miles an hour in Wainoni road. Two cars were overtaken during the check. Swan told the traffic officer that he thought he was in a 55 miles an hour zone. FINED £lO George Herbert Humphries, aged 19, a farmer (Mr C. B. Atkinson), was fined £lO and his driver’s licence was cancelled for 12 months when he appeared for sentence on a charge that on December 5 he drove at a speed which might have been dangerous. The Magistrate said the case was not a bad one of its kind. FINED £7 William Lloyd, aged 63, a part-time taxi-driver (Mr K. N. Hampton) pleaded not guilty to a charge that on December 6 in Seaview road he failed to stop at a pedestrian crossing for a school patrol. He was convicted, fined £7, and his licence was cancelled for two months. FINED £2

Graham Ross Rough pleaded guilty to a charge of failing to keep to the left when turning. He was convicted and fined £2. (Before Mr J. D. Kinder, S.M.) OPENED DOOR DANGEROUSLY “You were unlucky that two cars happened to be passing abreast on this narrow strip of road at the time you opened the door,” said the Magistrate after he had convicted Russell Francis Bedg -good, aged 20, a professional golf instructor (Mr N. D. Thomson), on a charge of opening a car door in Bexley road on December 9 in a manner likely to cause injury to another person. Bedggood, who pleaded not guilty, was fined £3 and was ordered to pay £3 witnesses’ expenses. (Before Mr E. A. Lee, S.M.) FINED £lO John Gilbert Croft, aged 21, ice-cream factory employee, was fined £lO and had his driver’s licence cancelled for a year when he was convicted on a charge of driving at a speed which might have been dangerous in Moorhouse avenue on December 4. He pleaded not guilty and was represented by Mr J. H. F. Macfarlane. The suspension of Croft's licence is to take effect on March 15. CIVIL CASES JUDGMENT SUMMONSES The following orders were made on judgment summonses: J. Glenn, spinster, Purbeck place, to pay C. M. Haffenden, £9 10s, in default 10 days' imprisonment, warrant suspended while £1 a week is paid; G. Meikle, Riley crescent, to pay R. Thompson £34 Os 2d <37 days or £1 a week); A. Birrell, joiner, Kllmore street to pay International Importing and Manufacturing Company, Ltd. £l6 Is (17- days or £1 a week); W. M. Garlick, workman, Bramwell street, to pay Quality Tailors and Menswear, Ltd., £3O 9s lOd <32 days or £2 a week); J. Reeves, Barrington street, worker, to pay Blake Brothers, Ltd., £l7 15s <l9 days or £1 a week). S. Emmett, labourer. Dover street, to pay M. D. Mclntosh £8 Os lid (nine days or £1 a week); S. Whittington, machinist, St. Asaph street, to pay Ray Barlow, Ltd., £4 (five days); R. Hayes, labourer, Marriotts road, to pay Cash Order Purchases, Ltd., £l3 17s (15 days or £1 a week); J. P. Maxwell, married woman, Petrie street, to pay Tasman Taylors. Ltd., £2O 5s (22 davs or £1 a week): G. F. C. Hudson, rubber worker, Virgil place, to pay Mervyn J. Guy, £4 12s 6d (six days). T. E. Skilling, operator, Lyndhurst crescent, to pay McFarlane and Baxter, £5 12s (seven davs); T. A, Grant, labourer, Tullett street, to pay Matthew Park, Ltd. £5 10s (seven days); O. L. Pugh, labourer, Warden street, to pay Church of England Hospital Incorporated £4 9s (six days or 15s a week); T. H. Poulsen, Hoanl street, to pay M. Parr and R. M. Collins, £25 10s (28 days or 5s a week): R. D. Gebbie, Kaiapoi Borough Council employee to pay Kaiapoi T.V. Hire Service, £7 13s (nine days), I. Hamilton, gardener, Langdons road, to pay F. P. Basher £75 19s 4d (SO days or £1 10s a week): F. W. Barter. labourer, Barton street, to pay Cash Order Purchases, Ltd.. £l3 10s 6d (15 days or £1 a week): L. R. Bolt, driver. Skipton street, to pay Standard Publishing Company

Pty., Ltd., £54 12s 6d <59 days or £1 a week); P. Graham, workman, Lyttelton street, to pay Coalgate Motors, Ltd., £l5 2s 3d <l7 days or £1 a week). Ronald John Beran, workman. Worcester street, to pay Holland and Bell. Ltd., £2B 4s Sd (30 days or £1 19s a week). M. P. Richards. married woman, Kinloch street, to pay B. and C. Palmer. 15s (two days); A. McCarthy, labourer. Harman street, to pay Christchurch Gas. Coal and Coke Company, Ltd.. £lB 12s 6d <2O days or £1 a week): D. S. Boyle, labourer. Aidershot street, to pay W. A. Clapham, Ltd., £2 Ils (four days); N. G. Marriott, labourer, Kendall avenue, to pay Winstones South Island, Ltd.. £6 8s 4d (eight days); B. A. Newell, labourer. Yarmouth street, to pay Wrights Washing Machine Sales and Service. £l9 5s lid (21 days or £1 a week). M. A. WiHiams. spinster. Falsgrave street, to pay Wrights Washing Machine Sales and Service. £3 8s lOd (four days); F. Michael, workman. McFaddens road, to pay S. B. Berry. £5 12s 6d (seven days); T. Poulson, workman, Morley street, to pay Robinson and Adams, Ltd., £37 6s <4O days or £1 a week): James Mathew Toki, Sherbourne street, electricity department employee, to pay the Commissioner of Inland Revenue, £3B 9s 3d <4O days or £1 10s a week): J. R. Taylor, railway worker, Kirwee to pay Westland Furnishing Company, Ltd., £lO3 14s (three months or £1 a week). Lawrence Eustace Graham, care of Thomas Lock. Ltd., to nav Stacev. Smith and Gibson. £72 15s <76 days or £1 10s a week): Terence Mortimer Hurley, freezing worker. Belfast, to pay the New Zealand Express Company (Wellington). Ltd.. £456 17s 6d (three months or £2 a week).

POSSESSION ORDERS William Frederick Cromwell, pipe fitter, and his wife. Pamela Fay Dawn Cromwell, were ordered to give up possession of a house at 73 Farrington avenue, to the State Advances Corporation of New Zealand because of a default in mortgage payments.