SUPREME COURT

Hokitika Guardian, 7 November 1929, Page 6

SUPREME COURT

UNLAWFUL DESTRUCTION OF CAR. (By Telegraph—Press Association), AUCKLAND, Nov. G, A yoUng man, Leo Mathew Dwyer, was charged in tlie Supreme Court, before Sir Alexander Herdman, with unlawfully destroying a motor car valued at £95, the property of the Trades Finance Corporation. After a retirement of three and a half hours, the jury returned a vedict of not guilty, and ac'cuscd was discharged.

The case arose out of an accident to a car driven by Dwyer on September loth, when bo was returning to Niliotj)r.- Loin rim City. He alleged that he had had tumble with the headlights, and later blockages in the benzine tan!;. Whilst attending to one -n ■be latter happenings, and endeavouring to procure a fern stick to rectify it, the car, which bad the band brake on, commenced to move backward down the hill, and lie was unable to stop tlie vehicle from going over the cliff. Kathleen Dwyer, proprietor or an accommodation House at Nihotapu, said that her son lived with her. She bad purchased a car in 1928 on the time payment system, paying £3O deposit. An arrangennyat was entered into between the, firm Irom whom the ear was purchased and the Traders Corporation whereby witness was to make monthly payments to the latter Company. Some payments bad become overdue. anti accused left for Auckland on September 14th to arrange for a loan t» pay the iemaining money owing on the ear. He returned on September 15th and next morning witness was informed by the accused that lie had had an accident, and that the car had been destroy’d. William Weldon ATmng. accountant, of the Finance Company, gave evidence in respect to arrangements entered into concerning the purchase of the car. The car was insured under a comprehensive policy, and the Company made application for the a mount nf insurance. It. was not expected that the Insurance Company would n .,v more than £76, the amount due to the Company. Expert evidence was given hy Thomas Leslie Rowell, who said lie bought Ibe car after the smash. The band brake was in bad repair, and would not hold the car. He would not rusk bis life with the brake.

William Butterfield, another motor mechanic, also said the hand hiake would not bold the car.