FARMERS IN COURT

Bay of Plenty Beacon, Volume 4, Issue 302, 7 May 1941, Page 5

FARMERS IN COURT

KIRKBRIDE'S KOAD AGAIN & GATES LEFT OPEN Kirkbride's road continues to hold its place in the forefront of the affairs of the district as avus borne out Avhc.ii further revorbera t:io : ns found Mr G. Kirkbride at tlie Magistrate's Court yesterday charged with leaA'ing a gate on tlie roa i open, and Sam Taituha. an omplovec of Mir H. A.. Ward.law alsn before the Bench for having placed obstructions on this public road. The Magistrate expressed the: opinion that it was time a little commonsense' Avas introduced by the farmers concerned. I Gate Left Open. A plea of not guilty Avas entered by Mr B. S. Barry on beihalf of Mr Kirkbride. Sergeant M, Parrel 1 calledi Sam Taituha, Avho stated that lie had seen Mr Kirkbride go through the gate oil hisi Avay to the main road, and leave it open. He bad closed the gate and then next morning found it open once more. Employees Evidence. To Mr Barry he adimitted that he had after finding the gate left, unlocked on the first occasion placed obstructions! on the road. He added that Mr Kirkbridb ahvays: left the gate open. It was a fact that the gate had been, broken and Avas repaired avith Avire and it avomlcli not swing oipen but liadi to be lifted. Mr H. A. Wardlaw gave! evidence to the 1 effect that he observed: Mr Kirkbride leave the* gate open. There had, been a great deal of trouble over this gate. Not Always Closed. To Mr Barry the Avitness stated that he: had noticed! the obstructions on the road the next day, oil both tracks of the roadl but not on the bridge.'The gate at the end of the road he left open far half an hour each day AA r hen lie Avent to the* fan tory, bub leift the gate' in question unfastened only when carting metal from nearby. ■ Dismissal Asked For. At this juncture Mr Barry asked for the information to be, dismissed as the gate Avas not a SAving gate as required under the Act. The Igate should be properly hung Avitli a fastening Avhich.couldl.be unfastened, from a horse. It had; been established that the gate Avas: not properly hung as both Avitnesscs admitted and thus no offence had been committed as unless this AA r as so there was no obligation to close the gate. The Magistrate remarked that therefore! a man had only to break a gate and then could leave, it open. It appeared that the gate had been n swing gate but Mr Kirkbride had broken it and noAA r pleaded that he could it open. Mr Barry referring to> the previous case 1 Avhere a charge had been made of breaking the gate, stated that Mr Kirkbride had hadi no> option, as the gate had been Avireid and had blocked, his return to his farm late at night. Evitfence for Defence. The Magistrate stating that he would not diisimissi the information on that count, Mr Barry called Mr | Kirkbride Avho stated that the road was the only access to his farm. He admitted leaA T ing the gate open on the day in question adding; that it had been his custom to do so since the road had been declared public, one. The gate Avas frequently left unlatched" by Mr Wardlaw. Continuing he sitated that the gate would not SAving and it Avas required to iift Avith both handis to bring it clear from the ground. He stated that on the day in question Avhen he had returned from Waimana he had found the roadl obstructed; with willow branches. Logs Avere, also placed on the bridge in a dangerous position. Robert Profitt Avas called to state that the gate Avas not properly hung More Sense Needed 1 . "It is timei these people: used a little common sense towards one another," stated Mr E. L. Walton, S.M., adding that the gate should be repaired and then the Sergeant prosecute everyone offending by leav ing tlie gate open. "Then "\ve> Avil! see if fines audi punishment Avill make them see sense." The Bench added that Mr WardlaAV sihould have the gate repaired at once and if lie considered fit take action for the expense of doing so,.

The gate should be put in order at once and then everyone should j)e compelled to close it. The defendant was. finedj?£3 with costs £2 6s, Obstruction on Road. Sam Taituha was then charged With placing an obstruction: on the road and appearing! for the- defendant Mr G. Otley plea died; guilty. It was stated that the defendant had not been aware that the part of the road passing through Mr Wardlaw's property was public, not understanding the arrangement. The fact that he had been inconvenienced greatly by the gate being left open by Mr Kirkbride was responsible for the defendant wishing to cause some inconvenience. "He will be fined £3 with costst£l 4s 6d," said His Honour, "an-$ if Wart Haw lias any sense c<f fair—ness lie will pay the man's fine."