Man Who Struck Garage Proprietor Fined

Chronicle (Levin), 11 July 1949, Page 4

Man Who Struck Garage Proprietor Fined

Charged with strikihg a garage proprietor, Peter John Wardi at Levin, on Saturday, Widiam Tatana, labourer of Poroutawhao, was convicted and fined £2 in "the Police Court, Levin, this morning, by Messrs D. J. Gardiner and G. Sweetman, J.P.'s. ■ AJhough accused admitted the offence, he entered a plea of not guihy, aileging provocation. ■ . : Constable W. R. Gillespie said that he had received a telephone call from Mr. Ward at 7.15 p.m. on Saturday night. ' He had proceedt sd to the garage and found accused and Mr. Ward waiting. Accused had admitted strikihg Mr. Ward oh the left side- of the jaw, and had said in explanation that he had gone to the garage in company with his nephew to coliect a rental car. Mr. Ward had refused to let him take deliVery of it. He had said that Mr. Ward had "poked his chin out, more or less inviting me to hit him." To the court accused said that it was the way in Which Mr. Ward had spoken to him. He had followed him out of the garage saying, "Here I am. Have you anything against me." The Benchi Were you perfectly sober? Witness: Well, I had been to the football match and had had a few drinks. Seraeant Grainaer : Def endant.

when we saw him, was not drunk but his condition was such that it * woud not have been prudent for him to have a car. Ward adopted the riight attitude in the publio safety. *• There are regulations- in regard to the hiring out of rental ' cars and Ward was rightly complying with the directions of the law. Peter John Ward said that the car had been hired on the Friday by Mrs. Tatana, and on the Satur-

day night accused and his nephew arrived to take delivery of it. While he was issuing the hiring form for the nephew, he noticed that he was under age to hire a rental car. Witness said he had pointed this out to the nephew, saying that Mrs. Tatana would have to sign for the car. Accused had then said he would take it, but witness said he could not accept this as accused was not going to be travelling in the car and he could a.so see he had been dtinking. Accused had then threatened him and he had replied that accused could do so, but that he would' ' then prefer charges against him. Accused had thereupon hit him. • , Ih reply 'to a question from tiie Bench, witness said that aceused was not drunk but a little intoxi^ cated, and was in an argumentative mood. Witness denied that he had followed accused out of the garage for any other purpose but to close the door after him. "We must point out that accused cannot take the law^iuto his owii hands and strike an ■ individual under these circumstances. That is not the way out of such a matter," said the Bench when imposing the fine. Court costs were 10s.