INTOXICATION CHARGE

Southland Times, Issue 24233, 17 September 1940, Page 7

INTOXICATION CHARGE

ELECTRICIAN APPEARS IN COURT

INFORMATION DISMISSED BY MAGISTRATE

Robert Milne Stewart, an electrician, of Gore, appeared in the Gore Magistrate’s Court yesterday on a charge of being intoxicated while in charge of a motor-vehicle at Washpool on September 3. Mr R. C. Abernethy, S.M., was on the Bench and at the end of the hearing the defendant was “given the benefit of the doubt” and the information was dismissed.

Sergeant D. W. Black prosecuted and Mr G. R. Martin appeared for the accused, entering a plea of not guilty. Mr P. Laughton (Transport Department) said that at 5.25 p.m. on September 3, in the vicinity of Washpool, he noticed a truck being driven in an erratic manner. He stopped the vehicle and asked the driver—die accused—to producer his licence and warrant of fitness. He did so and during a conversation with the accused the witness formed the opinion that he was not in a fit state to drive a car. He smelt of liquor and was slightly unsteady on his feet. His answers to questions asked by the witness were stupid. The defendant produced a glass from his pocket and offered to “shout” for the witness.

“I suggested he should come into Gore with me and be examined by a doctor, and he replied that he was all right,” said the witness. “He suggested that he could drive slowly in to Gore in front of my car. I told him a man was either fit or not fit and I considered he was not fit. There was a youth in the cab of the truck and I suggested he should look after the truck but the defendant would not agree. I drove into Gore and when I returned with Constable Potts the truck was missing. We located the defendant in Main street and took him to the police station at 6.45 p.m.” The witness said that the defendant said a Mr Stevenson drove the truck into Gore. The condition of the defendant had improved when he was located in Main street. He was steadier on his feet than when just stopped and his speech had improved. When examined by Dr Stokes he was inclined to make a joke of the whole business. To Mr Martin, the witness said that the road was a wide one with a lot of gravel on it. The defendant did make the suggestion that he was lighting one cigarette from another. He said he had not had a drink since afternoon tea time. The defendant had told the witness that he visited the hotel at Mandeville but had not had a drink there. The witness would not have been prepared to drive with the defendant. Mr Martin: If he was intoxicated as you state he was you would not have been prepared to have left him with the truck. There must have been a doubt in your mind. The Magistrate: That the inspector went for a constable shows what his attitude was. TESTS PERFORMED WELL Dr R. G. Stokes said that he examied the accused and found he had a dry mouth, a rapid pulse and was rather talkative. He performed all the tests well and if the witness had been asked to drive with him he would have been prepared to do so. To the Magistrate the witness agreed that a man could be unfit to drive a car at 5.25 p.m. and be fit at 7 p.m. He would not say from the reaction of the defendant that he had not had liquor. It was quite possible that he had had drink.

Constable J. Potts and Sergeant D. W. Black also gave evidence, stating that in their opinion the defendant was not in a fit state to drive a car. Mr Martin said that the evidence of the doctor should raise a doubt and if there was any doubt he submitted that the defendant should get the benefit of it. The defendant said that he had refused to leave the truck because of the number of tools in it. After the inspector left to go to Gore the witness sat talking with the boy in the cab of the truck. They waited for about 20 minutes and then the witness drove the truck into Gore. He put the truck away and while explaining to his employer what had happened Constable Potts and Inspector Laughton arrived and took him to the police station. He had three drinks at Riversdale about 3.30 p.m. and had no drink after that time that day. He treated the whole matter as a joke.

Sergeant Black: Why did you drive the truck to Gore after the inspector told you not to.—l thought I was quite capable of driving. The defendant said he could give no reason for talking nonsense. He admitted that he got a bit talkative when he took liquor. EVIDENCE OF APPRENTICE Trevor Smith, an apprentice, said that just before coming over a railway crossing the defendant lit a cigarette from a butt. They were at Mandeville about an hour. He did not consider that the defendant was intoxicated.

To Sergeant Black the witness said there was no noticeable change in the condition of the defendant after they left Riversdale.

To the Magistrate the witness said he was sure about the cigarette incident. “If I gaoled you I might be doing you an injustice—l’m not sure that I would be—and I’m going to give you the benefit of the doubt,” said the Magistrate to the accused. “I think the inspector was justified in doing what he did and I believe his evidence. You were talking nonsense at 5.25 p.m. and you were still talking nonsense at 7 o’clock. You should have sobered up a lot and I have no doubt you had. You lied to the constable on the matter of who drove the car in to Gore. If you lied on that point you might have on others. There is a small doubt and I am going to give you the benefit of it. In future watch your step.” The information was dismissed.