CAUGHT IN ACT

Hokitika Guardian, 11 July 1932, Page 8

CAUGHT IN ACT

FINED FOR CONVERTING CAR

UNUSUAL DEFENCE FAILS

WELLINGTON, July 6. Because lie had failed to start the engine and had only pushed the vehicle a short distance from its .parking place, Donald Miller Robertson, seaman, aged 20, raised the defence when charged before Mr 'E. Page, S.M., yesterday with unlawfully converting a mptor-car to his own use, that the ease just fell short of coming within the meaning of tile section as contemplated by the Act. The Magistrate disagreed with this view, and imposed a fine of £5.

Senior-Sergeant D. • Scott said that at 7.20 p.m. on Monday a Mr C. W. Palmer had occasion to go .to the railway wharf where'he parked his motorcar, adjacent to Waterloo Quay. At 8 p.m., while on his rounds, Mr Tcdd," of the Harbour Board pilot staff, saw the accused, endeavouring to start the car. He went up to him and asked him what -was the trouble. The accused replied that the battery was flat, and tried, to crank the engine but without success. He then told Mr Todd that he proposed to leave the car on,(the wharf for the rpght, but was informed that if he did so he would be committing a’ breach of the Harbour . Board' by-lhws. The accused then suggested that Mr Todd should assist him to push the car into Waterloo continued the., senior-sergeant! Mr Todd went to his I aid, but as. he was‘somewhat suspicious that all was: not vight"he left-do/make inquiries. He met the owner of the , car coming off the wharf. The two I r nH r -nori the car, which the accused was still trying to start. Constable M cßj»e; who 'was called found the accused had had some drink, but was by no means intoxicated. ■ < Counsel for accused said that when '"his client took liquor he was subject to I strange impulses. He had no -intention | of converting the car, and, as a matter of fact, he eould not drive a car. • The accused was fined-£5, in default one' month’s imprisonment. He was. allowed a week -to find the money.