"DONATIONS" OR PROSECUTION

Press, Volume LXX, Issue 21290, 9 October 1934, Page 9

"DONATIONS" OR PROSECUTION

♦ COUNTY'S PROCEDURE CRITICISED A SOLICITOR'S OPINION At its meeting to-morrow evening the 'Waimalri County Council will probably discuss the action of its staff I in inviting and accepting from motorists alleged to have broken a parking by-law sums of 5s each as an alternative to prosecution in the Magistrate's Court. A legal view of this action, expressed to "The Press" by a leading Christchurch solicitor yesterday, is that it amounts to compounding an offence. Although the council did not authorise the procedure, it is understood that it was taken with the knowledge of certain councillors. A few weeks ago several motorists left their vehicles in a "prohibited" area while attending a lunction at St. Barnabas schoolroom, Clyde road, Fendalton. A notice was forwarded to each motorist informing him that he had broken the parking by-law of the county, and this notice was followed by the following typed document:— WAIMAIRI COUNTY COUNCIL. Papanui, N.Z.. 21st Sept., 1931. Confidential. Dear Sir—Keierring to notice forwarded to you on the 13th instant, I have to advise ycu that if, as an alternative to having other action taken, you are prepared to make, by return post, a "contribution of 5s to traffic Inspection," an official receipt will be forwarded to you and no further action taken. Yours faithfully, GEORGE S. COWPER. County Clerk.

It is stated that each motorist concerned paid the 5s and received a "miscellaneous receipt" from the county council stating that he had paid 5s for "contribution to traffic inspection." Clerk's Explanation The county clerk (Mr G. S. Cowper), when invited by "The Press" to comment on a complaint that the action of the council was not proper procedure, stated that it had not been desired to prosecute in the cases referred to. The motorists concerned had undoubtedly committed a breach of the by-law, but in the first instance it was desired to take only some action that would be in the nature of a warning. The council had notices advising motorists that parking in the particular area was forbidden, but until further and more prominent notices were erected it was not intended to* prosecute for breaches. There were six offenders, and they had all been treated alike. The action taken was not a general practice in the county nor was it proposed to extend its application. Mr Cowper added that the system of allowing offenders to pay fines to inspectors "on the spot" had been in operation in the United States and other countries for some time, and no doubt it would be introduced eventually into New Zealand. It saved the motorist and the local body concerned a great deal of time and inconvenience.

Mr W. P. Spencer, chairman of the council, would make no comment except to say that the action had not been authorised by the council. He had no doubt that the county clerk acted in good faith. "The Reprehensible Side" "The procedure has its reprehensible side," remarked a leading solicitor. "It breaks one of the primary rules of law—that a man shall not compound a felony. This seems to me to be a lesser case of compounding a felony and amounts at least to compounding an offence." If an offence has been committed, there is one way to deal with it. That is through the court. "I know of no legal authority giving the council the right to collect money in this way," said the solicitor. "And in any event," he said, "it is open to two very grave objections:—(l) The usurpation of the power of the court; (2) it is placing too great a power in the hands of local body officials to allow them to do this without definite cond'tions and restrictions. "I think above all," he said, "is the objection that there is no guarantee Uhat offenders will be treated according to their offence. It may be_ that t.he court with full knowledge of the facts may see fit to lessen or increase a fine whereas local body officials would probably deal with cases on a pointed out. thatl c calbodies received a proportion of the fines imposed for trafllc nroceduri! adopted by the Wairnairi rnnntv Council it received the whole of the arbitrarily fixed fines. Then again the state was deprived of court costs.