Magistrate’s Court TWO MEN FINED FOR DISORDERLY BEHAVIOUR

Press, Volume XCVIII, Issue 28802, 24 January 1959, Page 4

Magistrate’s Court TWO MEN FINED FOR DISORDERLY BEHAVIOUR

Two young men, laughing and shouting, rode their bicycles from one side of the road to the other and at times on footpaths in the city early yesterday morning. Sergeant E. S. Tuck said in the Magistrate’s Court yesterday. Appearing before Mr A. P. Blair, S.M., Alex Fidow, aged 24, pleaded not guilty to a charge of disorderly behaviour and to a further charge of using obscene language, and Lionel Brown, aged 20, pleaded not guilty to a charge of disorderly behaviour. Fidow was convicted and fined £6 on the charge of disorderly behaviour and £5 on®the charge of using obscene language. On the charge of disorderly behaviour, Brown was convicted and fined £6. Constable J. Rushton said that at 3.50 a-m. yesterday he saw the defendants riding their bicycles at the corner of Oxford terrace and Cashel street “They were shouting and riding their bicycles all over the road,’’ he said. About 15 minutes later, when Constable Rushton was at the corner of St Asaph and Colombo streets, he saw the‘two defendants at the corner of Hereford street “still riding , all over the road and at times riding on the footpath—one on each side.” He said he reported their behaviour to a police patrol car, and at the corner of Tuam and Barbadoes streets, the patrol car stopped the two defendants. “They started to get very cheeky and ride around the car and Fidow used the obscene language,” said Constable Rushton. Sergeant L. M. Bailey, who was in charge of the patrol car, said he asked Fidow for his name and he .said he would write it down on a piece of paper. “We gave him every opportunity to go home. When I got out of the car he (Fidow) made off a short distance ahead of the patrol car and as soon as we approached, he would take off again on his bicycle. He was shouting, while Brown circled the patrol car on his bicycle” Brown, when asked to stop, cycled off a short distance, and shouted. He also refused to give or write his name, the sergeant said. Fidow gave evidence, and denied using obscene language or shouting. Brown declined the Magistrate’s offer to give evidence and to cross-examine the witnesses. “I am satisfied that the police are correct. You two behaved very badly. You had the opportunity to go home and if you had done what you were told you would not have been in trouble, and you, Fidow, di! use bad language and you had better be careful or you will be in serious trouble,” said the Magistrate, convicting them and imposing the fines. GRADER-DRIVER FINED “It is clear that the obligation is on persons crossing a railway line to see that they do not go on that line if there is any risk of a collision,” said the Magistrate, convicting Arthur lan Creedon, a grader-driver, of crossing a railway line when not clear. He was fined £lO. Mr P. Feenstra prosecuted for the New Zealand Railways Department Creedon who pleaded not guilty was represented by Mr H. S. Thomas. George James Butts, an engine driver said that when driving a Christchurch to Lyttleton passenger train at 8 a.m. on October 10, he sounded the whistle 220 yards from the Scruttons road railway crossing. After seeing a yellow vehicle which appeared to be stopped on the left of the crossing he sounded the whistle again. At 75 yards he identified the vehicle as a grader and realised it was moving. He sounded the whistle, applied the brakes to emergency, and kept sounding the whistle until the engine struck the grader. There were no warning bells on the crossing, Butt’s said. “The driver wasn’t looking until I was about ten yards away. I struck the grader behind the rear wheel, slewed it around and tipped it over.” Butts said he was doing about 10 miles an hour when the collision occurred and the engine ft

stopped 20 to 25 feet past the crossing. “There must be a doubt whether, when Creedon entered the crossing, there was a risk of a collision,” said Mr Thomas. Had the engine driver applied his brakes seconds earlier the accident would not have occurred. Unlike most drivers, Creedon was not in a position to keep watch for trains once on the crossing because of the very nature of his work, Mr Thomas said. Once on the crossing he had to give full attention to the grader blades to see they did not catch in the railway tracks. FAILED TO GIVE WAY “It has frequently been said that the right-band rule must not be whittled away and it is most important that those who use the road should observe it correctly.” said the Magistrate, convicting Ronald William Kirby, aged 18, an apprentice boiler maker (Mr S. H. Wood) and fining him £4 on a charge of failing to give way to the right on November 20. Kirby had pleaded not guilty. On a further charge of having no warrant of fitness to which he had pleaded guilty, Kirby was convicted and fined £l. Mr Wood submitted that Kirby’s car was either stationary or so close to being stationary at the moment of so called impact with a cyclist, Mrs Mary Josephine O’Reilly, that the offence of failing to give way had not occurred. Kirby said that there had been no damage to bicycle or car. He was not sure if he had hit Mrs O'Reilly or if she had fallen off in fright on seeing the car. \ BICYCLE CONVERSION A 22-year-old man, whose name was suppressed, was convicted and fined £l2 on a charge of converting a bicycle, valued at £7 10s, at Timaru on January 21. Represented by Mr S. H. Wood, he pleaded guilty. REMANDED A charge of negligently driving a motor-vehicle so as to cause death on October 22, against Kevin Elias Small, also known as Larry Kevin Small (Mr B. J. Drake) was adjourned to February 13. Charged with being idle and disorderly and having insufficient means of support, Joseph Michael Mason, aged 26, was remanded in custody to January 29. Errol Thomas Adam Sheehan, aged 20 (Mr S. H. Wood) was remanded to January 29, on a charge of unlawfully converting a motorcycle on January 4. Bail was allowed in his own recognisance of £lOO and one surety of £lOO and he was ordered to report daily to the policeBail in his own recognisance of £lOO and one surety of £lOO was allowed Eric Gerald Bowles (Mr S. H. Wood) when he Was remanded until February 12. pending deportation. Bowles had just completed a two-month prison term for desertion from the Napier Star at Port Chalmers on March 1. TRAFFIC PROSECUTIONS In other traffic prosecutions brought by the Police Department; the following persons were convicted and ordered to pay costs:— . Driving without due care and attention: Alan Edward Clarke,. £2; Richard Alan Crighton, £5 and licence suspended for three months (no warrant of fitness, £1); Alexander Donald Cummings, £4; Noel Murphy, £6 and licence suspended for one month; Roger Lennox Musgrove, £5; Alvin Anthony Todd £3 (no warrant of fitness, £1); Theodoras Cornelius Schnok, £5; Colin Arthur. Campbell, £5. Failed to give way: Jan Vryenhoek, £5; Allan Arthur Osbourne, £4 (no warrant of fitness, > £1 10s); Matthew Nicholas Raafl, £3; Norman Priest, £3 (no warr rant of fitness, ordered to pay costs); Roy James Leonard Evans, £5. i No warrant of fitness: Raymond Phillip Edgeware, £1 10s; Ronald William Harris, £1 10s; Clar- ; ence Bernard Redmond, £l.' No driver’s licence: Roy DesI mond Cardus, ordered to pay costs. Driving motor-vehicle other : than specified in licence: Roger : Harold James Bennie, £2.