DISMISSAL OF CHARGE

Press, Volume CV, Issue 31007, 12 March 1966, Page 22

DISMISSAL OF CHARGE

Wrong Firm Prosecuted

A successful submission in the Magistrate’s Court that the Paparua County Council had prosecuted the wrong company led to the dismissal, without prejudice, of a charge against C. D. Rudd, Ltd., of making an unauthorised change of land use in Springs road Prebbleton, to which it had pleaded not guilty. The council's case was that a company, Selwyn Engineering, Ltd., had purchased two sections of land adjacent to its workshop in Springs road, and that C. D. Rudd, Ltd. “appeared to be making use of them" for light engineering work. Evidence that the sections were zoned residential was given by Alfred Dyhrberg, Paparua county engineer. He said the company using the sections might have changed its name, but Mr Rudd was the man the county had been dealing with.

Cross-examined by Mr R. J. de Goldi, he agreed it was a fair inference that the company making use of the sections would be the owner.

Further evidence was given that welding, some spray painting, and loading and unloading of barn poles, and sheets of iron, were being carried out on the land. Mr de Goldi submitted that there was no evidence at all to link the defendant comoany with the use of the land. “If there is any nigger in this pole pile, it is not C. D. Rudd, Ltd.,” he said. Although there was a defence on the merits, the council had charged the wrong company, he submitted. Mr J. D. Kinder, S.M., upheld this submission, and dismissed the charge, but without prejudice.