COURT NEWS

Opotiki News, Volume II, Issue 218, 9 August 1939, Page 2

COURT NEWS

MONTHLY SITTING HIGHWAY ’ OHiSTRUCTION YOUNG AIAOR 1. FINED The monthly sitting of the Opotiki Magistrate's Court was held yesterday morning before Air. Ei. L. "Walton. S. A!. ■The list was a particularly light one, there being no; lengthy eases {to be dealt with. . A -Maori, Pera Tamihana, was charged that on Bth. April, lie placed a scoop on the Opotiki-'l e Araroa highway, causing an obstruction. Defendant pleaded guilty. Sergeant J. isbistcr. who prosecuted, stated that defendant was employed at Motuliora and was 24 years of age.- He went to 'IV Kalia and attended a dance at liaukokoro with some others. Some Public Works Department geaT was seen on the roadside and the men pulled! pipes on to the road. Constable Hiru and the licensee' of the To Kalia hotel passed along the; road and nearly collided with cue of the pines. Inquiries' were .made hut no one would admit the offence. Defendant was interviewed at Alotuliora and admitted lie I nut assisted but refused to assist the police in saying who the others were. When asked if he had anything to say. defendant denied he had put the pipes on the road but admitted be .bad placed! the scoop on the highway. Air. Walton told defendant it was a very dangerous practice and lie may have injured some person. A line, of .4:3 with costs was imposed. Traffic Offences William Ashton Cloiighton was charged with negligently driving a motor-ear at Niikuhou over a oneway bridge. He pleaded guilty. He was further charged with operating a ear without- a warrant of" fitness. At first, defendant entered a plea of not .guilty to this charge but later altered bis plea to one of guilty. .Sergeant Jsbister said defendant was driving along the Niikuhou straight towards Whakatane and as he approached the bridge saw another car approaching. There was good visability." 'There was some conflict as to where the collision actually took pla.ee, the other driver stating that it occurred right on the bridge. Defendant approached the bridge at 30 m.p. !i. Defendant admitted to the police that lie iiad no warrant of fitness. Defendant informed flic court that bis ear was in good order and bad been examined but the certificate was inadvertent I v net issued.

Air. Walton pointed out that it was the duty of every driver of a car to s< r that the warrant of fitness was in tiie ear as the driver was the responsible person. On the'first charge defendant was lined Cl and) costs 17s, and on the second was lined Ids and costs. Arthur Wong was charged by Inspector «J. Delves with net having a warrant of fitness for his motor van. and also with having ho driver’s license. Defendant was fined 10s and costs oil the first charge, and on the other charge was fined 5s with costs. Stewart Joseph AlcDougall was also proceeded against by Inspector Delves for driving a motor-ear without a warrant of fitness. He was eonvictedi and fined 10s and costs JOs. Elizabeth Alary Sinclair who was stopped by Inspector Delves oil the Otara road, had no warrant of fitness or driver’s license. Defendant was convicted and fined 10s with costs 11s en the first charge, and on the second was convicted and fined 5s with costs 12 s. James Thos. Tabb was ■ lined 10s with costs 10s for having no warrant of fitness. •_ Adla Alarm Cooper, for having no warrant of fitness or driver’s license was convicted and fined 10s with costs Ids on the first charge, and convicted and fined 5s with costs 12s on the second. Tim following cases were brought forward by Inspector J. H. Aloroll : Alex. C. AY. -Cole, who drove without a warrant" of fitness, was convicted and fined 10s with -co.st.sr I Is. Jim Biddle, who drove a motor-ear in King Street without being in possession of a driver’s license, was convicted and ordered to pay costs totalling 18s. William Henry Pen ton for riding a bicycle at night without a light was convicted and fined 5s with costs 10s. Robt. Leonard C'arvuthors- (Mr. IT A. -Bunkall), was charged, with driving in the borough in excess of 30' in., p.h. Inspector Alorell stated that he had been out to the - aerodrome an.d was driving the hack way into town when lie saw defendant driving ahead

at tlie junction. He followed defendant’s car and the car was driven over three intersections at 40 m.p.h. Mr. Bunkall suggested that defendant left the aerodrome ahead of the inspector. In reply the inspector said that at the junction defendant was about two chains ahead l . At Bridge Street be was about .50' yards behind dolendant and was about the same distance when the car turned into Ford Street. Mr. Morel 1 added that be did not-gain on the defendant’s ear along tlie street. Defendant, in evidence, said he was driving his car from the aerodrome. He saw the inspector leave .1 few'minutes' before him.- As .lie was travelling on the county side of the junction his brother told him to slow (. ull c.s the - inspector might lie' alcund. He was travelling then at 35 m.p.h. He first saw the inspector near Bridge Street. Watching in the mirror lie saw the inspector come arotnid Coniielly’s store corner. Witness was travelling at 25 m.p.h. He told his brother that tlie inspector was coming. When he turned into l-ordi Street the inspector was just behind the car. 'file inspector had trav? oiled double the distance as the car from the time they first saw him. As far as defendant knew the speedometer in Iris ear was in good working or*, tier. Clarence Victor Cb.rruthers, in evidence, stated that he was a passenger in the ear, and lie corroborated defendant’s evidence. The information was dismissed. WANDERING STOCK William Mark Kelly was charged that on the Ist. June-, in Stewart Street, he allowed 78 head of sheep to be at large. A plea of guilty was entered. Other charges were also laid against Kelly. Mr. Morel) told the Court that on Ist. June the 1110 bof sheep was on the road. He liad bad considerable trouble for about a week with the sheep. Complaints had also been made by neighbours about the sheep getting into- their gardens. He had pvt the sheep back twice in the paddock and finally bad to impound them, ft was a habit of the defendant toi allow stock to wander around by day and night. Kelly told the Court that he had just left the sheep for a time, while lie was having breakfast. He had had threats from the inspector. On the first charge Kelly was fined £2 with costs. l’lie. other charges were withdrawn by leave of. the Court. • Edward Kelly was charged with allowing three horses to wander in Bridge Street, on 2oth. July. The horses were wandering on the highway, according to Mr. Morel I. who stated that he was having a lot- of trouble and defendant’s horses were still allowed to wander on the read. A fine of 30s, with costs 11s was imposed. OFFENSIY E MATTER Albert Bhillimore. Maiacnui, was charged with easting offensive matter on the pavement on July 29. Sergeant- Isbister described the circumstances of the offence and l remarked that Pliilliinore was under the influence of liquor at the time, but was not in a bad enough state to be arrested.

Phillimore. who did not put in an appearance, was convicted! and fined £2. with costs 10s.