CHARGE DISMISSED

Auckland Star, Volume LXXII, Issue 111, 13 May 1941, Page 8

CHARGE DISMISSED

BENEFIT OF DOUBT

GIVEN TO TRUCK DRIVER

Submissions that his client was not intoxicated but was suffering from the effects of shock and excitement following a collision between the truck he was driving and a shunting engine in Quay Street on the night of May l, were successfully advanced by Mr. Allan Moody, in the Policc Court this morning, when Albert Edward Marshall, a motor driver of 46, was acquitted by Mr. F. K Hunt. S.M.. on a charge of being in a state of intoxication while in charge of a truck. Marshall pleaded not guilty. Constable McDonald and an exconstable both considered that Marshall was in a state of intoxication. The collision occurred about 9 p.m., Marshall sustaining injuries to his lip which had to be stitched in hospital. The witnesses added that some force had to be used in order to get accused to enter an ambulance. A house surgeon at the Auckland Hospital, who examined Marshall at 10.15 p.m., said the condition Marshall was then in could have been caused by liquor, shock or excitement. N Mr. Moody submitted that Marshall was absolutely capable of driving his truck. He had been working hard carting coal from the clump on the waiter front to the King's wharf power station from 7 a.m. until 9 p.m. on May 1. with brief intervals for lunch and dinner. After having dinner. Marshall had a little beer from a large bottle which he shared with his mates, but this small amount of liquor had nothing to do with the accident. Counsel considered that the charge must be dismissed.

Mr. Moody called an engine driver and two shunters, all of whom stated that Marshall was not intoxicated, his condition being due to the injuries he had received, and shock.

' The penalty in these cases is now so heavy that it behoves one to be very careful before deciding to convict a person on such a charge," said Mr. Hunt. "This man is a careful driver who has been employed by the same firm for 29 years and'this is the first time he has ever been in Court He had a small quantity of beer after his dinner. These accidents can easily occur even when a driver is sober Because there was an accident it does not prove that he was intoxicated. In view of the doctors evidence I am not justified in entering a conviction. I have got to be certam he was intoxicated before I do ??• T !?°r, e ls a doubt in this case and Marshall is entitled to the beneiit of The charge was dismissed.