CONFLICT OF EVIDENCE

Sun (Auckland), Volume III, Issue 624, 28 March 1929, Page 13

CONFLICT OF EVIDENCE

INTOXICATED MOTORIST FINED £lO _ COUNSEL SUGGESTS APPEAL A request that the magistrate fix security for appeal was made in the Police Court this morning by Mr. Bryce Hart when Joseph Hollis was fined £lO for being intoxicated in charge of a motor-car. Hollis, a motor-driver, aged 25. was charged with being intoxicated in charge of a motor-car in Karangahape Road on Saturday evening. Mr. Hart entered a plea of not guilty. Constable Ross, who, with another constable from the Newton Police Station, arrestod Hollis, said that, after watching accused and his companion for some time, he had decided that Hoi- • lis was not in a fit state to drive a car. Before getting into the driving seat to start the engine he was staggering about The road. •Hollis admitted having had three bottles of ale and two shandies between five and six.” concluded witness. The constable's companion corroborated the story of the events that led up to the arrest, adding that the man’s speech was thick, his eyes were bleary and he smelled strongly of liquor. A doctor had been sent for ami he hail arrived half an hour after Uollis was arrested. He had said that there were traces of drink but that, in his opinion, the arrested man was quite fit to drive a car. Mr. Hart mentioned that Hollis had j been at first bailed out for £l, and Senior-Sergeant O’Grady explained that the senior-sergeant at the station, after reading the doctor's certificate, considered the man should not be locked up. Mr. Hart: That is the sort of thing we have put across us ever}’ day. Mr. F. K. Hunt, S.M.: So far, 1 have learned that two constable* took the man out of the car because they did not think him fit to drive it, and quite right, too. The constable, continuing his evidence, said that Hollis had sobered up remarkably quickly after his arrival at the station. According to William Dale, who told the police that he considered Hollis unfit to be in charge of a car, accused had stumbled and twice fallen in the road when he first got out. Two waitresses who had been talking to Hollis and his friend shortly before the former was arrested, were called as police witnesses. They surprised the court, however, by averring that Hollis was quite fit to drive a car. Under cross-examination they admitted the one that both young men were “half-stunned,” and the other that they were not quite sober. Mr. Hart: The doctor said that he found Hollis as sober as th,e constable who arrested him. Senior-Sergeant O’Grady: Is that a reflection on the police? According to counsel, Hollis had been kept at the station for some time before being charged. He had not been asked to make a statement. Put in the box by counsel, accused described himself as a single man. He was certainly not drunk when he was arrested, though he admitted having three drinks with a friend during the afternoon. “On Monday morning I went to the Newton Police Station,” he asserted, “and was told by the sergeant that there was no need for me to appear in court as the charge had been withdrawn.” Hollis said that he went down to make sure and, to his surprise, heard his name called. Dr. C. C. Murphy, who was the doctor called to the station when Hollis was arrested, considered even allowing for the time that had elapsed between when Hollis was arrested and when he had been examined, the man must have been quite fit to drive a cart Witness, however, admitted that a shock such as being arrested would sober a man up very quickly. Edward Donoghue, a billiard saloon proprietor, whom Hollis had visited that evening, was of the opinion that there was not a trace of drink on the man. Having been with Hollis when they had disposed of their drinks, Andrew McMahon was able to tell exactly where, and how many had been taken. In his opinion, Hollis was quite sober. It was possible that the occasions when Hollis had been said by the witness Dale to have fallen on the pavement might have been the result of horseplay. “I cannot go past the evidence of Mr. Dale.” commented Mr. Hunt, recording a conviction. “The evidence of the two constables is also important, though Hollis evidently straightened up before the doctor arrived. I ought to cancel his licence, but. as he earns his living by driving, I shall let him keep it this time He will have to take out a pro# hibition order, though.’* Mr. Hart: Will your Worship fix security for appeal? Mr. Hunt: You put through your notice in the ordinal way, Mr. Hart.