APPEAL UPSETS DECISION OF MAGISTRATE

Chronicle (Levin), 31 July 1947, Page 3

APPEAL UPSETS DECISION OF MAGISTRATE

— -Presz JLssociation

Bv Teleqravh

WELL I X ( } T(.)N , .Jiily ;j(). Stating that he had concluded timi appell.xnt had ludd a bona lide belief in his right to. drive along tiro road a car whicli he was testing in the course of ovorhauling it, the Chief Justice, Sir Humphrey O'Loary, today allowed the appeal of Eric Eniest Coekei, agcd 37, mechanic, against the Magistrate's conviction on a eharge of converting a car and sentenco of oue montli's imprisonuient. ' The evidence in the appeal, whicli was takou in the forni of a new trial, showed that Edgar Tomlinson, of Levin, left a used car with appellant with a request that Coeker should examine it with a view to a general overhaul. Three davs later, wlien driving the car a short distanee from his home, where he was worlciug 011 it, Coeker became involved in an accident while' he had as passengers his father and his brother in-law. Tomlinson said he assnnied that Coeker was usiiig the car for his own purposes. The evidence for appellant was that, having ad.justed the brake cables, lve took the car out for a short test and, as his father and brother-in law, who lived about half a mile away, were going home, he gave them a lif't. Evidence was given by another motor mechanic that it was commoii practicc to take a car out 011 a test rluring an overhaul. His Honmir lield that tliere was no intention to convert the car to privatc purposes as a mechanic in sucli cireum stances had "a eolour of right*; acceptable as a defence, to take it on the road, and the presence of the two others in the car had in this case no significnnce.