UNUSUAL DECISION.

Hauraki Plains Gazette, Volume XXXVII, Issue 5022, 3 September 1926, Page 1

UNUSUAL DECISION.

DRUNKENNESS CASE DISMISSED.

POLICE EVIDENCE NOT ACCEPTED

A remarkable case was heard in the Magistrate’s Court at Hamilton on Tuesday, when Mr Wyvern Wilson, S.M., dismissed, in spite of the unfavourable evidence of three cotastables, a, charge brought against John Patchett, carrier, of Matamata, of being in charge of a car when in a state of Intoxication.

Constable Kirby stated that he found defendant outside the .Waikato Hotel, trying to start the car, and he judged from his condition that it would not be wise, to let him drive away. The constable allowed defendant to "proceed slowly to the police station in his- car and then arrested him.

Two other constables testified to defendant’s condition when he arrived at the police station, and their evidence was that he was in state Of intoxication.

Mr L. Tompkins, who appeared for Patchett, contended that the very fact that defendant had driven to the staion without mishap was sufficient justification for the dismissal of the charge. He submitted further that defendant did not know he was being a.rrested until he arrived at the police station, and probably his concern at being arrested woiuld account for the condition which led the police to suppose he was drunk.

His Worship hejd that although defendant had had some liquor his senses were, not so impaired as. to render him incapable of driving the car. His condition at .the station could be attributed to “his emotions at being arrested,” and the fact that he was slightly deaf. ' The charge was dismilssed.