MOTORIST FINED

Press, Volume LXX, Issue 21354, 22 December 1934, Page 11

MOTORIST FINED

PLEA TO HAVE EVIDENCE TAKEN ON COMMISSION (P&B83 ASSOCIATION TBLBOBAJ4.) HAWERA, December 21. A case of considerable interest to motorists came before Mr W. H. Woodward, S.M. It involved a section which the North Island Motor Union for some time has tried to have amended—that of motorists being unable to have evidence taken on commission in by-law cases. Rather than pay the expenses of bringing a witness from Palmerston North to Hawera a motorist charged with dangerous driving pleaded guilty, on the recommendation of Mr G. J. Bayly, his solicitor, although in the opinion of his solicitor he was not guilty. Mr Bayly claimed that the law should be amended to allow witnesses to give evidence in a foreign court, thereby saving expenses, with more compatible justice. "At present in civil actions the law allows the parties and the witnesses to have evidence taken on commission, but no machinery is available for cases under the Motor Vehicles Act or breaches of the regulations of that act or breaches of by-laws," he said. "The automobile associations of New Zealand for some time have been endeavouring to obtain an amendment so that evidence can' be taken in a" foreign court, so far without result. The position now is that if a motorist visiting another centre commits a breach of the by-laws, of which he might have no knowledge till he was served with a summons, it would be necessary for him to go to the town where the offence was committed and take witnesses. ! The magistrate said the position was as unsatisfactory for him as for the motorist. He did not know what, to do. Mr Bayly: Show your disapproval of the law as it stands. The magistrate said all he coold do was to make a shot at it, although he might be doing an injustice. The motorist would be fined fll. He added that the position was unsatisfactory.