OBJECTION TO DELAY

Sun (Auckland), Volume III, Issue 730, 1 August 1929, Page 10

OBJECTION TO DELAY

SOLICITOR WANTS COSTS AGAINST POLICE NO CASE ON RECORD (From Our Own Correspondent) HAMILTON, Wednesday. Objection io a case being adjourned lor a magistrate to deal with was made by Mr. W. J. King in the Hamilton Police Court today, when appearing on behalf of James Terrence Cleary, who had pleaded guilty to a charge of driving a car without a licence. Sergeant Mutliiesou said that on July 17 the defendant was fined £lO and his licence was cancelled by Mr. Wyvern Wilson, S.M., for dangerous driving. Two days later Constable Aplin sa.w Cleary driving his car along the Gordonton Road. When he saw the constable he stopped the car. Sergeant Mathieson asked that as Mr. Wilson had dealt with the previous information, in the interest of defendant and the court the present case should be adjourned to be dealt with by the magistrate. Mr. King said the case was a very trivial one. Defendant had driven the car for a chain for a special reason. He opposed the adjournment of the case. Defendant and his witnesses had been in attendance since 10 o’clock that morning and counsel was prepared to proceed. Sergeant Mathieson said it was not a trivial case. Defendant had driven the car for 50 yards when lie saw the policeman, and he would probably have driven to town had the policeman not appeared. His action was equal to contempt of court. The presiding justices, Messrs. J. W. Walsh and B. C. Lowry, decided to adjourn the case. Mr. King asked for costs against the police. Sergeant Mathieson said he had never heard of such a thing. There ivas no case on record where costs had been allowed against the police. Costs were not allowed.