SOLDIER IN COURT

Waikato Times, Volume 125, Issue 20957, 9 November 1939, Page 9

SOLDIER IN COURT

TWO TRAFFIC BREACHES COUNSEL PLEADS PRIVILEGE (Special to Times) AUCKLAND, Wednesday “Soldiers must not have the idea that they can disregard very other person in authority,” said W. R. McKean, S.M., in the Magistrate’s Court today, wnen Leslie Ernest Tapp, described as a private on guard duty on a vital point, was charged with not obeying a traffic officer and with failing to give his name to the officer. Defendant, who was represented by Mr Bryce Hart, pleaded not guilty. Traffic-Inspector Hutt stated he was on duty at the Quay Street pedestrian and traffic crossing on October 5 and about 5.10 p.m. he was holding about 100 pedestrians on the footpath during movement of road traffic. He saw defendant walking toward the roadway and he held out his hand and called on him to stop. Defendant went through the first line of traffic and witness stopped him by seizing him by the collar. Defendant fell to the roadway but ran to the launch steps with the officer in chase. He refused to give witness his name and address, but afterward gave the details to a constable. Question of Authority A question whether the traffic inspector had authority to obtain the name and address of a pedestrian was raised by Mr Hart. The magistrate ruled that, regulations gave inspectors this power. “A man on guard duty receives certain instructions on going on leave,” said Mr Hart. “He is not supposed to give his full history even to a traffic officer.”

Mr Hart explained that defendant had to be on guard duty at 6 p.m. and had to catch a launch leaving at 5 p.m. He heard the 5 p.m. siren and took the shortest line to the launch steps. Mr Hart said that, under the Defence of the Realm Act, police and public servants must assist any soldier and sailor to reach his destination with all possible speed and must not hinder his progress, especially when the man was reporting for duty. All old soldiers were aware of this.

Under examination by Mr C. Bland, superintendant of traffic, defendant denied that he had been caught and had fallen in Quay Street.

The magistrate said if the man had not been on military pay he would have imposed a very substantial penalty. Defendant was convicted on both charges and ordered to pay costs.