NO LICENSES.

Auckland Star, Volume LXVIII, Issue 299, 17 December 1937, Page 9

NO LICENSES.

TRIPS TO ROTORUA.

TAXI-DRIVERS FINED £5.

"WILFUL BREACH OF LAW."

Seventeen of the eighteen Auckland taxi-drivers who were prosecuted by the Transport Department 011 Wednesday on charges of conducting unlicensed transport services were fined £0 and costs each, and Anthony Ralph de Balfour, charged with counselling and procuring breaches of the transport regulations was fined flO and costs in a decision given to-day by Mr. C. Orr Walker, S.M. One of the taxi-drivers charged was convicted and ordered to pay cost*.

The circumstances disclosed ill the prosecution 011 Wednesday were that in November the tourist ship Strathmore was in Auckland, and the defendant taxi-drivers, after having been refused temporary tourist traffic licenses until the ears having permanent licenses had been filled, took seventy of the Strathmore tourists to Rotorua, while a

number of the permanently licensed ears were left idle. Nine of the taxi-drivers who made the unlicensed trip were shareholders of the International Tourist Bureau, of which Anthony K. de Halfour is manager, and he accompanied them when they applied for the temporary licenses which were refused. The driver who was ordered only to pay costs took a family party with respect to which lie would have been granted a license had he put the circumstances before the licensing officer. Leniency Ineffective. "Defendants' counsel urged dismissal of the charges, although the facts constituting the offences were practically all candidly admitted." stated his Worship in giving his decision. "The Court's duty is to accept the statute law and to uphold it; its discretion is solely to fix the appropriate penalty for a proved breach of that law. "About a year ago similar prosecutions were instituted and the matter was then ventilated." he added. "Believing that when the law was explained there would be no wilful repetition of the offence, the Court entered convictions and showed leniency by ordering no penalty, but only the payment of costs. On this occasion there has been a deliberate breach of the law with knowledge of the probable consequences." Wilful Breach of Law. "Whatever the defendants may think as to the fairness of the law, no Court can show anything but disapproval of a wilful bleach o'f that law. I must inflict such a penalty as I believe should deter defendants and others again offending. The penalty provided is £100 for each offence, but in the lx'lief that the defendants and others will now see that their proper course is to oliey the law, and, if so advised, seek an amendment in a constitutional manner. I am inflicting what I consider is as lenient a penalty as is warranted by the circumstances. With the exception of Belcher, who is convicted and ordered to pay 20/6 costs, all defendants are fined £5 and 20/0 costs."

The charges against Anthony R. de Balfour of counselling and procuring the commission of the offences committed by a number of the taxi : drivers were clearly proved by the evidence and his admissions, added the magistrate. He would be convicted and fined £10 and 31/ costs on one charge, and convicted and discharged on the other informations except those referring to the taxidrivers Forder and Tupling, which would be dismissed.