TRAFFIC OFFENCES

Dominion, Volume 28, Issue 96, 17 January 1935, Page 10

TRAFFIC OFFENCES

Taking of Evidence on Commission 31A GISTR ATE’S OBJECTION By Telegraph.—Press Association. Blenheim, January 16. "1 can’t see why there should be a special law passed enabling motorists charged with traffic offences to give evidence on commission when all other defendants in other eases are required either to appear or let the cases go by default,” commented Mr. T. lii. Maunsell, S.M., in the . Magistrate’s Court, in the course of “a case in which a Westport resident failed to appear on a local traffic prosecution. Defendant wrote stating he could not leave his employment to come to Blenheim As the law stood at present, be had no chance of advancing what he considered was, a sound defence. He put his side of the case to tlie magistrate in a letter, and attached a newspaper cutting containing a report of a Hawera case, in which counsel for a motorist pointed out what he described as an anomalous position, arising from the fact that, while the parties and witnesses in civil proceedings mid facilities for giving evidence on commission in cases being heard at a distance, no such provision was made for those prosecuted under the Motor Vehicles Act. “I don’t see why cases tinder the motor vehicles regulations should be proceeded with under a special provision,” remarked’Mr. Maunsell, after glancing through tlie cutting. "There are a hundred and one offences brought before this court where the defendant might come from a distance and might be put to inconvenience and expense.”