Driver Who Beat Police In Sobriety Tests Freed

Press, Volume XCVI, Issue 28414, 22 October 1957, Page 13

Driver Who Beat Police In Sobriety Tests Freed

(Rec. 10 p.m.l MELBOURNE, October 21

A motorist who beat two constables at noughts and crosses when being put through sobriety tests had his conviction quashed by Judge Mitchell at the Hawthorn Appeals Court today Earlier, a red-faced young constable failed to answer general knowledge questions that had been put to the driver. He also admitted that he had made a mistake when giving evidence on the results of the driver’s arithmetic tests.

The motorist, Maurice Francis, aged 46. of East Brighton, had been convicted at Brighton Court of having driven under the influence of liquor.

Judge Mitchell said he was satisfied that Francis was under the influence of drink at the time, but he could not be satisfied beyond reasonable doubt that Francis was incapable of having proper control of the car. Constable Alan Martin said Francis had been asked these questions in the police station: Who was the Australian Prime

Minister during the war? (Francis’s answer was “Joe Lyons’.) Who was the British Prime Minister? ("Churchill.”) Who commanded the Allied forces in the Pacific? (“I don’t know.”)

When Mr J. Cullity, defending Francis, put the same questions to Martin, his answers were “Chifley and Curtin,” "Churchill and I don’t know who else,” and he “could only guess.”

The constable said that Francis was given three sums to add up and had got two wrong. When Mr Cullity asked the constable to check them, he admitted that only one was wrong

“It looks as if you’ve got one wrong out of three, too.” commented Mr Cullity.

Constable Martin said that al Francis’s suggestion he and Senior Constable Neale had played noughts and crosses with him Francis beat both of them.

Francis told Judge Mitchell that a dog had jumped on to his lap just before a collision and had distracted his attention.