MAGISTRATE’S COURT

Wairarapa Times-Age, 28 November 1940, Page 7

MAGISTRATE’S COURT

SITTING IN MASTERTON TODAY. SEVERAL MOTORISTS FINED. The fortnightly sitting of the Masterton Magistrate's Court was held this morning. Mr. H. P. Lawry, S.M., was on the Bench. The Borough Traffic Inspector, Mr. J. McGregor, prosecuted in the following cases: V. O. L. Baigant was fined £2 and 10s. costs on a charge of exceeding the speed limit in a motor vehicle in the borough of Masterton on October 17. In a defended action Arthur Dudley Chant was convicted and ordered to pay costs totalling £1 18s. 6d. for exceeding the speed limit in the borough of Masterton on October 19.

Mr. H. McKenzie Douglas represented the borough council and Mr. H. H. Daniell appeared for the defendant. Evidence was given by Inspector McGregor that he had taken the defendants car number when he had seen him crossing an intersection on the Opaki Road at about 40 miles an hour. Mr, Daniell submitted that as the defendant had kept his place in a procession of race traffic, he was not breaking the law. A similar charge against Anthony Habib, of Featherston, was dismissed. The Magistrate held that insufficient evidence as to the defendant's speed had been submitted. On the application of Mr H. Lawson (Featherston), who appeared for the defendant, 15s costs and witnesses' expenses were allowed against the Borough Council. “I submit that there is a principle involved. It is only a simple matter for local authorities to lay out a suitable speed trap,” said Mr Lawson. He held that the inspector's estimate of his client’s speed -was purely an opinion.

Mr Douglas (Borough Council) held that Inspector McGregor had had considerable experience in estimating speeds and his estimates had never been challenged in court before. "Because a man can add a column of figures correctly today it doesn’t say he can do the same tomorrow,” said Mr Lawry. In evidence the defendant denied having exceeded the speed limit Corroborative evidence was given by Mr J. Saba (Featherston), defendant's father-in-law.

"The Borough Council asks for costs when its actions succeed so the defendant is entitled to costs in this case.” commented Mr Lawry. in holding that insufficient evidence as to speed had been given.

CIVIL BUSINESS. Judgment for plaintiff by default was given in the following undefended civil cases: Peter Laous v Kiessen Pearless, claim £1 10s, costs 9s; Levin and Co., Ltd. v Garth Gill, claim £22 2s 4d. costs £4 2s 6d; J. W. Dove v A. White, claim £1 8s 6d, costs 9s. In judgment summons cases Frederick Moreley was ordered to pay the Para Rubber Co., Ltd., £6 12s. and costs 15s 6d. in default 6 days' imprisonment. C. M. Whyte was ordered to pay Wairarapa Radios, Ltd., £lB 3s lid, in default 14 days’ imprisonment. W. Raison was ordered to pay H. L. Esau £2 12s 6d, in default 2 days' imprisonment. Frederick W. Moreley was ordered to pay S. Lee £4 4s (Id. in default 4 days' imprisonment.