Police Patrol Car Driver Criticised By Magistrate

Press, Volume XCVII, Issue 28552, 3 April 1958, Page 12

Police Patrol Car Driver Criticised By Magistrate

(New Zealand Press Association)

AUCKLAND, April 2. The “disgraceful exhibition” of a constable driving a police patrol car at 25 miles-an-hour down the inside lane of a set of traffic lights was criticised by Mr J. W Kealy, S.M., today in the Auckland Magistrate’s Court. The Magistrate described the constable’s action as “an inexcusably dangerous manoeuvre” and asked the police prosecutor why the constable was not charged. The Magistrate made these comments during the hearing of a charge of negligent driving brought by the police against Michael Desmond Lynch, aged 35. a cargo-worker. The Magistrate reduced the charge to one of driving without due care and attention, convicted defendant and discharged him without penalty. Evidence was given that the police patrol car. driven by Constable J. B. Learning and carrying a sergeant and another constable as passengers, was travelling south down Manukau road. When the car was about 90 feet from the traffic lights at the Green Lane road intersection, the lights changed to green.

Intending to carry on straight through the intersection, Constable

Learning drove the patrol car at 20 to 25 miles and hour down the inside lane and collided with defendant’s car which was making a right turn from Manukau road into Green Lane road. The Magistrate said the constable’s action in coming down the inside traffic lane at 20 to 25 miles an hour was inexcusably dangerous and a disgraceful exhibition. “On the constable’s own evidence,” the Magistrate said, “it is clear as crystal he was driving dangerously. But that does not exonerate defendant who did not have the right-of-way and should have looked more carefully. The driver of the other car is not before me today—why he is not is a mystery to me. His contribution to the accident was far greater than defendant’s and his competence as a driver is considerably less.”