Farmer fined $500 on driving counts

Taupo Times, Volume 23, Issue 53, 4 July 1974, Page 12

Farmer fined $500 on driving counts

An Atiamuri farmer was fined $500 and disqualified from driving for six months after pleading guilty in the Taupo Magistrate's Court this week to two charges of driving with an excessive blood alcohol level and failing to stop after an accident.

Athol Graeme Menzies, 46, pleaded not guilty to two further chargeS of wilful damage and assault. Menzies was ordered to pay $109 witnesses expenses on the wilful damage chapge, and $5 Court costs. The assault charge was dismissed. The complainant was Bernard Christopher Francis, of Wellington. The magistrate, Mr P. J. Trapski, said he thought Mr Francis was entitled to take the action he did in removing the keys from Menzies' car. "The only evidence we have of Menzies' striking the complainant is from Mr Francis himself and I am prepared to give the defendant the benefit of the doubt," he said. "I'm sure you are not proud of this ' particular incident and you've got plenty to be ashamed of." Menzies was also ordered to pay $15 medical expenses. Mr Francis told the Court that in the early hours of January 19 he had been travelling to Waihi. After crossing the control gates bridge just north of Taupo he had passed a Kombi van on the hill towards Wairakei. After completing the movement he noticed a car closing fast on him from behind. He identified the driver of the car as Menzies. "He passed me on the single lane at the top of the hill and butted my car towards the curb," said Mr Francis. "He then took off at high speed and I tried to catch him.' Both cars stopped further along the road and - Mr Francis said he asked Menzies "what kind of game he was playing." "I took the ignition keys out of his car because I didn't think he was capable of driving," he said. Mr Francis said he suggested to Menzies that they go back to Taupo to get the police. "He lunged at me to try and get the keys," he said. Another car had already stopped beside the two men and while the occupants tried to subdue Menzies, the complainant jumped into his car and locked all the doors. The Kombi van also

stopped at the scene. "I got into my car to get the police and Menzies kicked at the doors and windows. He then went to the back of my car and twisted the radio telephone aerialj" said Mr Francis. Dennis John Reeve, school teacher, of Remuera, said he had been travelling from Hastings to Matamata along State Highway 1 when he was waved'down by Mr Francis. "We restrained Menzies while Mr Francis got in his car to get the police," he said. ' "Basically, Menzies wanted to get his keys back." Brian Graham Wright, mechanic, of Wellington, said he had stopped his Kombi' van because he thought Menzies was being "done over." He said he couldn't remember any cars passing him earlier. He said Menzies was making comments about "long-haired hippies." Constable Trevor Dowman, of the Taupo police, said when he interviewed Menzies he denied assaulting Mr Francis and dama--ging the aerial. "He appeared antagonistic towards the complainant and had obviously

been drinking," he said. A blood sample showed an alcohol level of 177 milligrammes to 100 millilitres of blood. In his defence, Menzies said he had Jbeen driving in the passing lane up the hill towards Wairakei and saw two cars further along the road. "I started to pass them and the complainant's car pulled out to pass the van," said Menzies. "I was forced over the double yellow lines and was worried about oncoming traffic and I pushed Mr Francis' car back to wheye it should have been in the first place." When both cars finally stopped Menzies said he had asked for keys back in a rational manner but the complainant refused to yield them. "I had had a few spots beforehand and I was concerned about losing my licence." he said. "I bent the aerial in an act of frustration more than anything else." Representing Menzies, Mr J. Witten-Hannah said the defendant was a respected member of the farming community and had acted "out of character."