DROVE THROUGH TWO FENCES

Press, Volume LXXXIX, Issue 27075, 25 June 1953, Page 11

DROVE THROUGH TWO FENCES

INTOXICATED MOTORIST FINED £l5

Harry Wilson, aged 54, a watersider (Mr D. W. Russell) was charged in the Magistrate’s Court yesterday before Mr F. F. Reid, S.M., with being intoxicated while in charge of a motorcar in Barrington street on June 16. Wilson, who pleaded not guilty, was fined £l5, and he was prohibited from obtaining a driver’s licence for 12 months. Constable C. Rainey said that about 5.40 p.m. on June 16 he was called to a house in Barrington street. A car had crossed the ditch, mounted the footpath, driven through a fence, up a rise, across a lawn, through another fence and had come to the front lawn of number 226 Barrington street. One of the two men in the car, Gray Russell Sarney, told him that he had been driving the car, but later admitted that Wilson was the driver, said Constable Rainey. Wilson, who did not have a licence, was much more intoxicated than Sarney. Constable Rainey said the car must have been travelling at a very high speed to mount the incline into the property, which, he said, was about four to six feet high. Wilson told him that he had had a few drinks and that he knew that he should not have been driving a car. He was taken to the police station, where Dr. F. L. Scott certified him as unfit to drive at 6.30 p.m. Sergeant R. E. Marriott said that when he was called to the accident he thought Wilson was not fit to drive. Wilson told him that he was not suffering from the effects of any accidents in the past. The Defence Sarney was taking Wilson for a driving lesson at the time the accident occurred, said Mr Russell. Wilson had had one whisky and six beers during the day. He had suffered a serious accident on March 20-when he fell into the hold of a ship on his head. Mr Russell produced a certificate from Dr. D. E. Orchard saying that it was probable that a accident due to causes other than intoxication would disturb him and make him nervous and excitabe to such a degree that he would be likely to be judged unfit to drive. Wilson said in evidence that he was driving down Frankleigh street towards Barrington street. He thought that Roker street was a continuation of Frankleigh street, but when he drew near he realised that they were separated by a paddock. He tried to brake, but put his foot on the accelerator by mistake. In trying to avoid a telegraph pole he had struck the fence. Wilson said that he had suffered shell-shock in World War 1, and his nerves had been bad ever since. The accident on March 20 had left him nervous and excitable. “The weight of the evidence here is against the defendant,” said the Magistrate, “but in view of Wilson’s health and his age I will not send him to prison.” Charge of Aiding Dismissed Another charge arising out of the same circumstances was dismissed when Gray Russell Sarney, a secretary (Mr C. S. Thomas) was charged with aiding and counselling Wilson to drive a car while Wilson was intoxicated. Sarney pleaded not guilty. Mr Thomas submitted that the prosecution had to prove that Sarney knew that Wilson was intoxicated when he took the wheel, if he were to be convicted for this offence. Sarney said in evidence that if he had realised that Wilson was intoxicated he would certainly not have let him drive. Wilson appeared to be quite all right until after the accident, when he was a bit excited. “The evidence in a case like this must be very strong,” said the Magistrate, dismissing the charge.