NOT PROVED.

Auckland Star, Volume LXX, Issue 75, 30 March 1939, Page 22

NOT PROVED.

WAIWERA CHARGES. TAXI DRIVER ACQUITTED. MAGISTRATE'S COMMENT. In dismissing- two charges brought on summons against a taxidriver, Mr. C. R. Orr Walker, S.M., in the Police Court late yesterday afternoon commented on the evidence of several of the civilian witnesses called by the police. The case was one in which Robert Henry Short was charged with being in a state of intoxication while in charge of a motor car at Waiwera, on February 8i and on the same date with driving in a dangerous manner at Orewa. Mr. I. J. Goldstine appeared for defendant, who denied both charges. Senior Sergeant Caldwell prosecuted. "The evidence against the defendant rests entirely upon that of Inspector O'Brien, of the Transport Department, and several other witnesses who were more or less amateur policemen," said Mr. Orr Walker in dismissing both charges. "The evidence of a senior sergeant and a constable is quite clear that the defendant was not intoxicated when he was taken to the police station. The evidence of the prosecution must be very cogent and must satisfy me beyond *11 reasonable doubt. The consequences to the defendant may have been serious in such charges. In view of the evidence I could not convict on either charge. They will be dismissed. Of course the jury at Waiwera may decide the case in their own and another way."