"MOTORISTS NOT CRIMINALS"

Auckland Star, Volume LXIII, Issue 59, 10 March 1932, Page 11

"MOTORISTS NOT CRIMINALS"

UNION'S REPLY TO MINISTER.

QUESTION -OF PROCEDURE.

The request of the North Island Motor Union to the Minister of Justice that he should allow evidence in by-law cases to be taken on commission has been declined. , A report from the New Zealand Motor Union, with copies of the correspondence, was received at last night's meeting of the Auckland Automobile Association. The Minister wrote that it was a basic principle of justice that the judge or magistrate trying a criminal. case must himself hear all the witnesses. This principle was followed in all cases in which a person might be imprisoned, either directly or in default of paying a fine. If the defendant were able to get his evidence taken on commission it would be necessary, in many cases, for the local body or person inaugurating the proceedings to bring a solicitor to appear at the Court to examine and cross-examine the defendant. Many magistrates held that it was necessary for a solicitor to appear at the Court of hearing to, put in the evidence taken on commission. This would mean the employment of two solicitors more than ' the number commonly employed at present. In reply to the Minister, the motor union has written protesting that motorists guilty of breaches of by-laws are not criminals. The union agreed that in cases of drunkenness in charge of a car, or accident causing death or bodily harm, the Minister's opinion was justified, but in cases of minor breaches motorists were put to unwarranted expense to defend themselves. The meeting decided to urge the motor union to continue to ask the Minister to modify the rules of procedure.