FOUND GUILTY

Gisborne Herald, Volume LXVI, Issue 20054, 28 September 1939, Page 7

FOUND GUILTY

£ls FINE IMPOSED CASK AGAINST MOTORIST DEGREE OF INTOXICATION Although both doctors bailed by the defence gave evidence to the efTect that the defendant was not intoxicated, Robert Cadzow Fisken aged 58, a builder, was found guilty when he appeared in the Police Court this morning on a charge of having been found intoxicated while in charge of a motor vehicle in Gladstone road last Sunday night. Messrs. C. 'Blackburn and W. M. Jenkins, .T.P’s, were on the Bench. Mr. L. T. Burnard appeared for Fisken, who pleaded not guilty to the intoxication charge and a further charge of negligently driving a motor vehicle. Senior-Sergeant J. F. H. Macnamara was the prosecutor. Under cross-examination, one of the doctors called for the defence, said he was of the opinion that intoxication commenced when there was definite evidence Of loss of control of the higher faculties, while the second doctor told the senior-ser-geant that in his opinion intoxication commenced with the first glass of alcohol. An appeal against the finding of the court is pending, security for appeal having been fixed by the Bench. Collision in Gladstone Road Guy Reginald Vaughan, a taxidriver, said that after passing Roebuck road, travelling towards Makaraka, he had been about three lengths behind another car. A car driven by Fisken, had come close to striking ’the front car and collided witli the car driven by witness, who was well on his correct side of the road. Witness chased the car and caught it near the Record Reign Hotel, the defendant driving in an erratic course while witness was following him. When. Fisken got out of the car he lurched towards witness and smelt of liquor. Constable R. Julian said that while proceeding to the scene of the collision he saw two cars parked near Cobden street, these cars being the cars driven bv the defendant and the taxi-driver. While he was looking at Vaughan’s car the defendant started to drive away and witness had to step into the roadway to stop him. He saw the defendant get out of his car and formed the opinion that he was under the influence of liquor as his speech was slurred, he was unsteady on his feet, and he smelt of liquor. Bottles in Car Constable J. Stewart said that he had driven the defendant's car to the police station and, in the front of the car, had found a half-empty quart bottle of beer. There were two more bottles in the back seat and one more in the carrier at the rear of the ear. Sergeant L. T. Moore said that he had known the defendant for 30 years and as soon as he saw him on Sunday night he formed the opinion that Fisken was under the iniluence of liquor and had called a doctor. Answering Mr. Burnard, the witness said that his opinion on the point of sobriety differed from that of the doctors.

Constable G. A. McCurrach said that when he saw Fisken the latter was steady on his feet, but was flushed in the face and smelt of liquor. A doctor was called by the constable and the defendant went through his tests quite well. Evidence was given also by Constable W. Rogers. Called for the defence, Dr. A. Murray Scott said that at 8.30 p.'m. on Sunday he tested Fisken and found that lie did all his tests in a satisfactory manner. He was of the opinion that the accused was not intoxicated, and said that, he did not smell of iiquor.

Definition of Intoxication

To the senior-sergeant, Dr. Scott said that intoxication, in his opinion, commenced when there was definite evidence of loss of control of the higher faculties and power of judgment. He did not agree that a state of intoxication commenced with the first drink. He agreed that in the time which elapsed irom when the defendant was arrested until the doctor saw him his driving faculties would improve. Dr. Harold Angell said that he found that the defendant was sober and passed the tests well. Cross-examined,. Dr. Angell said that the defendant’s eyes were heavy, but that could not be attributed to alcohol in the absence of any other signs. He could not smell liquor on Fisken. . . “In my opinion, the state of intoxication commences with the first glnss of alcohol,” said the doctor. In the three-quarters of an hour which had passed from the arrest of the defendant to the time witness inspected him a considerable improvement could be effected in Fisken’s condition. At one time, Fisken had been a heavy drinker, but latterly he had been drinking very little. Drinking half a bottle of beer would not affect Fisken’s driving ability. The defendant was convicted and fined £ls on the first charge, his driving license being cancelled tor six months. On the second charge he was convicted and discharged. On the application of Mr. Burnard. costs for a general appeal were fixed at £25.