INTOXICATED DRIVER

Sun (Auckland), Volume II, Issue 585, 11 February 1929, Page 7

INTOXICATED DRIVER

MOTORIST FINED £2O CONFLICTING EVIDENCE (From Our Own Correspondent J TE KUITI, Saturday. ! A sequel to a motor accident which occurred at Te Kuiti on the second day of the races on November 26, and in which four persons received injuries i and two inotor-cars were extensively damaged, was heard in the Te Kuiti Magistrate’s Court before Mr. F. W. Platts, S.M., when Frank Easton West, master baker, of Taumarunui, was charged with being in charge of a motor-car on the Te Kurili-Te Kuiti Road on November 26, 1928, whilst in a state of intoxication, and also of negligently driving a motor-car on the said road. Sergeant Fearnley appeared for the police and Mr. J. D. Vernon represented defendant. According to the police defendant, in attempting to overtake a car driven by Joe Hoe, crashed into a car approaching from the opposite direction driven by Humphrey Innes-Jones. The road at this point was only 18ft wide. Evidence for the defence was given by two of the injured passengers. S. Sarah, of Taumarunui, and Esme Henderson, of Te Kuiti. also by the county ranger, R. H. McKenzie, and R. P. Davison, all of whom maintained that defendant was not under the influence of drink. Mrs. G. Oliver stated that she was with defendant and two other men on the racecourse when defendant opened a full bottle of whisky and had one drink. George Oliver, husband of the previous witness, said he saw defendant at 4 p.m. at the totalisator, and though he had met defendant before, he did not appear to recognise him again. He considered defendant had had a considerable amount of drink and was unfitted to drive a car. After remarking on the contradictory nature of the evidence, the magistrate held that, according to the Olivers’ evidence and also defendant’s own admission to the police that he had had two drinks, defendant was under the influence of drink at the time of the collision, although he was

not actually drunk, and must therefore be convicted. A fine of £2O was imposed, with costs £5 Is on the first charge, and defendant was convicted and discharged on the second charge.