Police Case Against Architect Dismissed

Sun (Auckland), Volume III, Issue 742, 15 August 1929, Page 9

Police Case Against Architect Dismissed

INTOXICATION CHARGE WITNESSES DEFINITE Substantiated by the evidence of Matthew John Bennett, J.P., a City Councillor, and Prust Stewart, a solicitor, the story told by John Park, an architect, at the Police Court this morning resulted in the dismissal of a charge of being intoxicated in charge of a motor-car preferred against him. Park, aged 50, was charged with being intoxicated in a motor-car in Queen Street on July 22, Mr. Moody entering a plea of not guilty on his behalf. Constable Nicol told the court that, when on duty in Queen Street at 9.5 p.m., he had seen the car driven by Park collide with the safety-zone outside John Court’s, Ltd. He had gone across to the car, where Park was still sitting. “I asked how the collision came about, but received no answer,” continued the constable. ‘‘The car was badly damaged, and Park smelt strongly of liquor. I asked him a number of times to get oat before he did so. He staggered, and l was satisfied that he was intoxicated. He argued and wanted to drive away, although the car was not fit to be driven.” Another constable had taken Park to the watch-house while witness had attended to the removal*of the car. In answer to Mr. Moody, witness admitted that Park had asked to be allowed to back his car out. RIDE IN TRAM Constable Collins, who took Park up to the watch-house in a tram, said the man had to support himself by the door when he got out of the motorcar. When being taken to the station he had wanted to know why his car should be left in Queen Street while he ■was being taken away. Accused had alighted from the tram without much trouble, but witness had had to steady him when they completed the journey on foot. According to Constable Fuller, who was in charge of the watch-house when accused was breftht in. Park was intoxicated. Two hours after his arrival he had asked for a doctor, who arrived about midnight. Accused was then sobering up and was given his liberty on bail. GENUINE MISTAKE In the opinion of Mr. Moody, th 9 police had made a genuine mistake. Counsel did not suggest that the case was overstated or understated. In the stress of business it was impossible for the police to give full attention to the case. Matthew* John Bennett, J.P., member of the City Council and the Auckland Power Board, said that he had known accused for many years. Witness had been at a meeting with him on July 22 from 2.30 until 4 p.m. He was then quite normal. “You don’t get any drink there,” said witness. Witness had next met Park at the Masonic Billiard Room shortly after eight in the evening. They had talked together, and Park had offered to drive witness home. A second friend was driving witness home, however, and the three were joking together for a time when Park was perfectly sober. “I would have had no hesitation in letting Park drive me home had my other friend not been there,” added witness. * - *

Prust Stewart, who was the friend referred tQ by the previous witness, was definite in saying that there was no indication of intoxication about accused when the three had been talking at the billiard room. ONE BOTTLE OF STOUT

Park, put in the box by counsel, detailed his movements during the afternoon and evening. During the time when he had left Mr. Bennett at the meeting and his arrival at the billiard room, he had been engaged on business. He had had one small bottle of stout during the afternoon on account of his not feeling very well. It was when dodging two pedestrians that he had struck the safety zone, and the only damage done to his car was a crumpled mudguard and a cracked lamp glass. Dr. James Kirkwood said that accused had been under his care f o:r about two years. About 11.30 on July 22, witness had been called to the

Police Station, where he had examined Park. There were no traces of intoxication, and witness could detect no smell of liquor. A man, suffering from nervous disorders as Park was, might quite easily collapse after a shock such as a car collision, and it would be sure to have an effect on him. Mr. F. K. Hunt, S.M., dismissed the case with no comment.