SEVEN DAYS GAOL

Taupo Times, Volume III, Issue 105, 29 January 1954, Page 5

SEVEN DAYS GAOL

DRIVING UNDER INFLUENCE On a charge of driving a motor car at Wairakei on December 3rd, while under the influerice of drink to such an extent as to be incapable of having proper coritrol of the vehicle, Walter Harold Granville McCauley, of Taupo, pleaded hot guilty at the Magistrate's Court sitting at Taupo on Friday, January 22. Mr W. A. Harlow, S.M., was on the bench, and with him Mr R. Anderson Bak, J.P.

Constable E. H. Rowlands proseeuted, Mr Morrissey appearing for defendant. George BerrilL Carruthers, bus driver employed by N.Z. Road Service, said that he ar- i rived at Wairakei from Taupo about 12.45 p.m. on the day in question. He saw McCauley in the passenger seat of his car obviously very much under the influence. While attending to his bus he heard an engine running and saw | McCauley's car jump over the rock border between the roadway in | front of the hotel and the lawn. McCauley was driving. He backed out in a wide circle and bumped into a parked Ford Prefect car. He drove forward fifteen yards and witness sang out. McCauley stopped and witness attempted to take the ignition key out of the car. McCauley struck his hand away and bent the key. He held up the tab off the key which had come away and told McCauley he couldn't start up as witness had the key. He then was able^to remove the key. Witness drove the car and parked it in the parking lot. He handed the key in at the hotel office for Mr Brown, manager, to hold.

Replying to Mr Morrissey, who told him he would call a witness to say that he, Carruthers, had backed the car out from the rockery in a wide circle, Carruthers said he denied this. He drove the car forward only, about twenty yards, and parked it. Charles Edmund Brown, manager of Hotel Wairakei, gave evidence as to ordering McCauley out of the bar soon after 12 noon. On being given the key by the receptionist he rang the Taupo police. Mr Morrissey, cross-examining, told witness that he would call Nelson Rickit .Wallace who would say that he had asked witness for the key and that witness had refused to give it to Wallace. Witness said he denied this. Wallace did not ask him for the key.

Constable Rowlands gave evidence as to arresting defendant who said, when told he would be charged, replied "You're the * boss, do what you like." Mr Morrissey, for defendant, said McCauley had been driven from Rangitaiki Hotel to Wairakei by one Cuthbert. who had left McCauley there. McCauley remained in the car and~woke up to find the car being moved, Carruthers backing the car from the rockery and pushing it into the car park. McCauley gave evidence as had been indicated by counsel, saying that Carruthers was not telling the truth and that he, defendant, did not drive the car.

Duncan Wall, called by Mr Morrissey, said he arrived at the hotel soon after twelve noon and at 12.5 p.m. saw McCauley in the passenger seat. At 12.20 p.m. Carruthers got into the car and backed it out in a wide circle from the rockery. Nelson Rickit Wallace, -bus driver,' said in evidence that Mr Brown refused to give him the key. John Francis O'Toole gave evidence as to a conversation with Carruthers. His Worship said that the Court was not in any douijt whatever concerning the commission of the offence. Carruther's evidence was

clear straightforward and explicit and he was not shaken in crossexamination. To believe the evidence for the defence, which did not impress, would be to credit Carruthers with a complete fantasy. With regard to Wall's evidence it would be charitable to suppose that he had got mixed up in his times. The evidence of the last two witnesses in any case was irrelevant to the offence. Defendant would be convicted. Mr Morrissey submitted that nobody had actually been endangered and that the Court might see fit to impose a fine. | His Worship told defendant that j everything had been said for him that could be said. This was a second conviction and as a rule that carried a longer term of imprisonment. He would view it as a first offence. Had he had the ability defendant would have driven out and got into great trouble. He would be sentenced to seven days hard labour in Hautu Prison, his driving license suspended and he would be disqualified ■ for three years and six months from obtaining a license and thereafter until one was granted.on application to the Court*