INTOXICATED

Auckland Star, Volume LIX, Issue 78, 2 April 1928, Page 9

INTOXICATED

DRIVERS BEFORE COURT "SUPPRESSION" REFUSED. yn. CUTTEN EXPLAINS. SECTION OF COMMUNITY IS " TOUCHY." Two more motorists were before the Police Court this morning, each pleading guilty to charges of being found in a itate of intoxication while in charge their motor cars on Saturday. In each case suppression of name was requested by counsel, the presiding magistrate, Mr. E. C. Cutten, refusing the applications, stating that the reasons given were not sufficient. Mr. Cutten then explained the position with recard to the difficulty of the practice and sought to justify his granting the request of Mr. R. A. Singer in the case of the doctor who came before the Police Court last Monday. John William Kinder (40), described on the charge sheet as an engineer, was the first defendant to be dealt with this morning. ' Sub-Inspector McCarthy stated that on Saturday evening a constable saw accused in Broadway, Newmarket. Kinder was walking along the street and it could be readily seen that he was under the influence of liquor. He was arrested as he was in the act of starting his car. Kinder was not drunk, but was sufficiently under the influence of drink as to be' incapable of having control of his car. He explained to the constable that he had a friend who would drive him home, but he had none, being alone. "This is not a serious case and there was no question of an accident," said Mr. Sellar. "The accused was not #yen driving. There is some element of doubt that he was in charge, as he was a few feet away from the car when he was arrested; however, he is pleading guilty. On Saturday morning Kinder had three teeth out with the aid of gas. That afternoon he called in at an hotel and had two or three drinks. He afterwards drove the car to Newmarket, where he was arrested. When the. constable came up he Baid to recused, 'Get in and drive the car/ but Kinder refused. Sub-Inspector McCarthy: That is not the case. Constable Hendren wad then called. H* said that he saw accused leave a hotel and stagger along the street towards his car. Kinder looked hard at witness in a stupid manner as he passed. Witness wanted to give him a chance, but when he saw him enter his car, switch on his lights and get ready to leiave, he approached him. At first ljjnder said .that he was waiting for O'Brien," but subsequently he said that he was "not waiting for any cobber." He aTso told witness that had he not come along he would have driven r; Concerning an application for suppression of Kinder's name, Mr. Sellar ■aid he had -some special reasons. "First of all this was a single incident. Kinder is neither a drunkard nor a teetotaller, while he has never l»een in any trouble in his life. He i»olds a good position and: is the descendant of others ipho tere held positions. r •--•A*; present his mother is ill and she should Hot know of this happening; Further he has some boys at a certain school. Publication of his name in Buch a trivia] case would be far too great a punishment for the offence committed. The very circumstances of the case alone show that."

Mr. Cutten: This question of the suppression of names is one in which some members of the community are jtouchy—

One of Nature's Gentlemen. Mr. J. J. Sullivan: Will your Worship postpone any remarks in this case until my case is heard. It is a similar case and we plead guilty and intend asking tor suppression. Mr. Cutten agreed to counsel's request. The charge against Albert Osborne (32), a motor engineer, for being in a state of intoxication while in his car in Gordon Road, Mount Albert, was then proceeded with.

The sub-inspector said that the facts were very much the same as in Kinder's case. His condition was just the same as that of Kinder, and it was a coincidence that both men met at the lock-up after being brought in. Not drunk, Osborne was in a state of intoxication and not fit to be in charge of a motor car.

Mr. Sullivan: Osborne has never been before a Court during the whole of his life. My reasons for asking for suppression are that he is serving a very useful function to the whole community; he is a respectable working man and citizen and he has never been convicted of any offence. He is also one of "Nature's gentlemen." (Laughter.) "This is an isolated instance in his life. He will probably lose his job if *" a name is not suppressed. Seeing that there is another engineer before the court as well, if their names are both suppressed, my client's employer will not know about this case and his appearance »t court, although he is absent from work this morning." Mr. Sullivan added that he and his clients had always abided by Mr. Cutten's decisions in the past. Whatever his decision might be in this case, it would be received loyally and with no clamour from a section 6f the community. Mr. Sellar: "My client is an engineer, not a motor engineer, and I would ask that his case be dealt with on its merits, »nd quite independently of the other. At the same time, I would point out that neither of these men were drunk."

Mr. Cutten'a Explanation. "These two applications for suppression of names seem to me to be on the same footing," said the magistrate. "In each case the defendant was not drank, but had more liquor than was good for him, and was not in a fit condition to have control of his car. Both are engineers in a good position of life. Neither has been convicted of any offence before, and publication of their names would be » matter of great distress to them and those connected with them, and in one case it is suggested that the motor engineer may lose his position. The exercise of the discretion to suppress the name of a defendant is rather a delicate matter, and there is a section of the public who feels strongly upon this Matter.

"I suppressed the name of a young professional man last Monday, and it led to much criticism and an outcry from a section of the public. Surely, in some cases, it is not in the interests of the public or community to publish some names in which the result would be out of all proportion and irrevocable. Bach criticism as that to which I have

referred, unless it is thoroughly justified, seems to me to be a great pity, because if it has any effect at all, its effect must be to induce the magistrates not to use their discretion in accordance with what is brought before them in court, but in accordance with the views of a certain section of the public. I do not- think names should be suppressed unless the effect of publication is going to have some very serious results. In the case of the professional man last week, the young man who had made one slip, the publication of his name might have led to the ruination of his whole career. I thought in that case that suppression was justified. In the present two cases I think that the chief consideration in the application to suppress their names is the feelings of the two defendants. I cannot imagine that when the facts are published showing such mild cases, that it will lead to the motor engineer losing his position."

Mr. Cutten refused to suppress the names, and fined each defendant £5.