PIRATING PROVED

Rotorua Morning Post, Volume 3, Issue 667, 20 October 1933, Page 6

PIRATING PROVED

NGONGOTAHA T-AXI-DRIYER CONYICTED AND FINED SEVERE PENALTY PROROSED "The suggestion that the defendant vas not carrying passengers for fares insults the intelligence of the court," -said Mr. S. L. Paterson, S.M.*, ■in the Rotorua Magistrate's Court yesterday morning wban convictingi a taxi-driver, Cecil Young, lon two charges of using a nnotor-car for thconveyaince of passengers between Ngongotaha. ia,nd Rotorua contrary to the provisions of the Transport regulations and without the necessary passenger serviee license. The proceedings were instituted by Traffic Inspector D. M. Ford (for whom Mr. J. D. Davys appeared) while Mr. E. Roe represented the defendant. Before caffing evidenee for the prosecution Mr. Davys staited that the " case was one of Ithe first under the Transport Licensing Aclt. Sin-ce lioenses had been giranted to two- comipanies operating- between Rotorua and Ngongotaha pirating had been, lallegsd on the part o-f the defendant in operating a serviee1 ,on the route. He then called Traffic Inspector Ford who staited that he had received numerous complaints regarding the running of a -car which at the time was owned by a man named Cormay and driven by defendant on the Ngongotaha-Roto-rua Raad. It was complained that Young left Rotorua each eveninig at about 5 o'clock and returned in time for Ithe pictures, making another trip to Ngongotaha at the close of the entertainmant. It was ia. comlmon thing to see the car on the stand at the Palace Hotel with one or two passengers and olthers would later join' it before departure. On being infcerview•ed defendant had sta.ted that the car was paid for by one individual and the paying of fares by each passenger was denied. The inspector had disbelieved this and despite the issufe of warnings and the summons the defendant had still continued in the pracltice. The, car left just prior to the licensed serviee controlled by Mehrtens. Had a Taxi License In reply to Mr. Roe, the witness admitted that as defendant was a licensed taxi-driver, it would not he an unusual sight to see his car caxrying passengers. He also admitted that he had agreed (bo a request by Young that he be permitted to carry a lady passenger from Ngongotaha to Rotorua each morning, as she had to arrive in town before the first bus. Tbere had been no discussion of faras or the return journey. Evidenee in support of th? case for the inspector was given by A. Robinson, J. Mehrtens and J. Diver, who deltailed the occasions on w'hich they ■had seen Young picking up and setting down passengers and also that he had drawn up behind the two licen^ed buses at the two term.in.rl points.

Mr. Roe submitted that there had heen no evidenee of any description proserted which showed thait defendant had carried passengers for hire and reward within the meaningi of the Act. There v as nothing in, the act to prcvent him from carrying passengers and it was the duty of the proseeutivu to satisfy the court that individual fares had not been paid by the passengeiS. Offenec Proved After the magistrate had summed up the evidenee, from which he stated he was entitled to infei that systern had Leen proved and thalt defend ant had been carrying on a serviee contrarv to the regulations, which he considered sa. rnost serious offenee, Mr Roe pleaded for a smiall fine cwing to Young's financial position. The Magistrate: I had in mind a fine of £25, but in view of the defendant'-, financial position that would be inloler&ble. II? will he fined £2 on each charce with ccurt co^ts and ex- ' penses,' on month being allowed for payment.