Magistrate’s Court DANGEROUS DRIVING CHARGE DISMISSED

Press, Volume XCVIII, Issue 28938, 4 July 1959, Page 15

Magistrate’s Court DANGEROUS DRIVING CHARGE DISMISSED

A youth who had previously pleaded guilty and been convicted on, a charge erf dangerous driving was acquitted on the charge at a rehearing in the Magistrate’s Coyrt yesterday! The accused, Ronald Ewan Watkins, aged 18, a farm' labourer, who had been fined £lO and had his driving licence cancelled for a year oh,the charge, had appealed successfully lor. a rehearing on the ground that he. had not been represented by counsel at the previhearing. Mt A. P. Blair, SM., held that the prosecution had trot proved the charge and that although Watkins had executed a “siUy manoeuvre'’ in Riccarton road on April 34 he had not caused a danger to any persons. Watkins pleaded not guilty to the charge and was represented by Mr A. D. Holland. Sergeant E. S. Tuck prosecuted. While talking to a constable and another man in Riccarton road, he had seen a car make a U turn, return the way it had come and then make a right hand turn into Rimu street, said Frank Robert Longley. He was standing between a pedestrian'crossing and the intersection with Rotherham street. There were several parked cars in Riccarton road, but there were no pedestrians on the crossing. The car had made a fast turn with a “terrible scream of tyres,” he added.

“It was a remarkable piece of driving; if anyone else had done it he would have either gone through the shop windows or into the parked cars,” said Longley. He estimated the speed of th» car as at least 30 miles an hour. '

To Mr Holland, the witness denied that he had first been at* tracted to the car by the screech of the tyres. He would not agree with witnesses who said the car had stopped before turning. Constable W. J. Tait said he had been amazed to see Watkins’s car turn sharply without slackening speed and take the corner on two wheels. Watkins had told him his accelerator had jammed. Watkins admitted that he had made a rather quick manoeuvre but he would say that he had stopped before turning, round in Riccarton road, said Mr Holland. He was wearing farm boots at the time and when he put his foot down on the accelerator it had stuck. His speed could not have been 30 miles an hour as he was in low gear. The tyres had screeched because they were fiat "The police have chosen to charge this man with dangerous driving but it is quite wrong for them to rely on the fact that someone may have been in danger when the road was clear, wide and well-lit,” said counsel. "The element of danger does not arise because the defendant could see there was no-one about.”

To Sergeant Tuck Watkins denied that he had been showing oft at the time. He had never had his boot stick on the accelerator before. 1 '■ Inncase such A# this there was a heavy onus bh the prosecution to snow that a potential danger had been caused to some person, said the Magistrate. There was a conflict of evidence, as to whether Watkins had stopped before turning round in Riccarton road.

“I am not prepared to find the defendant has not spoken the truth in that respect,” said the Magistrate. All the witnesses had been unanimous that there were no pedestrians on the crossing and Watkins’s manoeuvre had caused no danger to any persons.

DEFENDANT CONGRATULATED Jenkyn Morgan, who defended a charge of failing to give way at the intersection of Avonside drive and Stanmore road on May 22, was congratulated by the Magistrate on the manner m which he conducted the case “But the prosecution has estab lished that you failed to give way and I must convict you.” the Magistrate added. Morgan, who said he had been driving for 30 years without trouble, was convicted and fined £3

CANCELLATION REVOKED Lindon James Lowe Barndon (Mr J. N. Matson), who was granted a rehearing on a charge of failing to stop after a signal on April 25, was fined £B. Barndon, who pleaded guilty to the charge, had previously had his licence cancelled. DISMISSED

Because she had had many years of blameless driving, a charge of failirig to give way to the right against a woman aged

87, was dismissed. Through Mr A. C. Perry the woman pleaded not guilty. Mr Perry said that although an accident had resulted from the offence, and a cyclist was taken to hospital, it was not a bad case.

On the following day the defendant had fallen very ill and was taken to hospital. Since the offence she had handed in her licence, and had sold her car, said Mr Perry. OTHER TRAFFIC CHARGES In traffic prosecutions brought by the police, the following persons were fined: Failed to give way: Nola Brenda Anderson, £3; Thomas Edward Bower, £4; Hugh Thomas Thorburn Dunn, £4. Failed to give way to right: Violet May Knipe, £3; fver Andrew Ralston, £4; James William Toner, £4. Failed to stop at compulsory stop: Mary Metcalf, £2. No driver’s licence: Norman Bernard Patrick Mora, £3; Roy Stanley Tester, £3. Drove without due care and attention: William Shaw Munro. £5.

No lights on motor-cyCle: Kenneth McKechi, £2 (no rear red lights, £2, carried pillion passenger while restricted to Lplates, £2). UNLAWFULLY ON PREMISES A 37-year-old man who was found by a constable hiding in a yard at the rear of the Victoria Clothing Factory at 6.30 a.m. yesterday was fined £3 on a charge of being found unlawfully on enclosed premises. He pleaded guilty. His name ordered not to be published. Sergeant V. F. Townshend said a telephone complaint had been received that the man had been seen going into the yard. A shop proprietor in the vicinity who had had bread stolen from his premises in recent weeks saw the man while keeping watch, he said. While there was a suspicion of theft in this case, there was no proof, said Mr W. G. P. Cuningham, who appeared for the defendant. *

JOINT ENTERING CHARGE Ronald David Terris, aged 24, and John Desmond Powderhill, aged 23, were remanded to July 9 on a joint charge of breaking and entering the service station of Charles George Mclver early yesterday morning. (Before Mr N. M. Izard, S.M.) PROBATION ON RECEIVING CHARGE

Appearing for sentence on charges of receiving and theft Harold John Beans, aged 18, was released on probation for 18 months He was also ordered to live where directed by the probation officer, pay £5 towards the costs of the prosecution and to make restitution of the £1 13s 4d.

His counsel, Mr H. S. Thomas said Beans was a rather weak and wayward young man who had got into bad company. He had been talked .into, going on atrip to Blenheim and back in a converted car and had been persuaded to take part in the offences.

The Magistrate said Beans would have to think seriously about the future and must be made to realise his responsibilities. It was doubtful if he was old enough to do without some form of discipline. “I was sorry to hear that you have given up playing 'ootball,” said the Magistrate. “It might be a very good thing, if you took it up again as it will provide an outlet for your energies.”