Magistrates Court Fourth Conviction For Driving When Disqualified

Press, Volume XCVIII, Issue 29058, 21 November 1959, Page 17

Magistrates Court Fourth Conviction For Driving When Disqualified

Gordon Herbert Roxburgh, who has been six times disqualified from driving, and with three previous convictions for driving when disqualified, was further convicted on charges of dangerous driving and driving when disqualified on September 19 when charged in the Magistrate’s Court yesterday. The Court was told by Sergeant V. F. Townshend that Roxburgh had, in all, 13 convictions for “serious motoring offences.” Mr A. P. Blair called for a probation officer’s report on Roxburgh before remanding him to November 27 for sentence.

Roxburgh, ,who was defended by Mr B. J. Drake, denied both charges. Two residents of Godley avenue, Papanui, Mrs Noeline Marjorie Halligan, a married woman, and George Hamilton, a postman, gave evidence of seeing a midget racing car being driven at a fast speed around a corner of the street about 10.45 a.m. on Saturday, September 19. Both said they knew Roxburgh, who also lived in Godley avenue, and said they Were positive it was he who was driving the car. Mrs Halligan said she thought the car was going to crash at the corner on account of w its speed, which she estimated about 35 miles an hour, and because it appeared to be “wavering.”

Hamilton said that the car was erratically driven and was “all over the road.” He also esti-

mated its speed at 35 miles an hour and said the car slewed round the corner, after narrowly missing a group of children sitting on the edge of the footpath. He had complained to the police Constable R. G. Gargett said that when he arrived at Roxburgh’s home at 11.45 ajn., Roxburgh was unco-operative and denied driving his car. He returned next day, in company with Sergeant F. G. Hayward, when Roxburgh, in the course of a discussion, admitted driving round the block.

Roxburgh, giving evidence himself, denied driving the car, and said it had actually been driven by a prospective purchaser who had come to inspect it. Cross-examined by Sergeant Townshend, Roxburgh admitted he had made no explanation to the police at the time about this man. He said he could not remember having admitted in conversation that he had driven round the block. Called as defence witnesses, Frederick Charles O’Donnell and Barry Winston Houghton both said they were at Roxburgh’s home on the Saturday morning, and corroborated his account of the car being driven by a man calling to inspect it. Cross-examined, both admitted this man had left by 10.30 a.m.. and themselves soon after, and that the ycould not therefore be in a position to say that Roxburgh did not drive it a little later.

The Magistrate said that the question of identification of the car’s driver was of paramount importance. Two neighbours who knew Roxburgh well had sworn positively he was the driver, and he was perfectly satisfied with that identification.

“I consider the defence evidence is unreliable and untrustworthy,” the Magistrate said. “I do not believe the evidence given by the defendant. I think the charge that, he drove while disqualified is proved. “I am also satisfied beyond reasonable doubt that the defendant was driving in a dangerous manner,’’ said the Magistrate, entering a conviction on this charge also.

Roxburgh pleaded guilty to charges of having no licence nor warrant of fitness for the car, on which charges he was also remanded for sentence. 4 “A SERIOUS POSITION” Maurice Donald McGrath, aged 20, married, with three children, was not only severely injured but was in a serious financial position after a motor-cycle accident at Chaneys Corner,, said his counsel, Mr G. Rountree, when he pleaded guilty to driving without due care on September 5. The Court was told that McGrath, an unlicensed rider, had borrowed an unregistered motorcycle from its owner’s sister, and while riding round Chaneys

corner had apparently veered on to the wrong side of the road, and collided with a bus. McGrath had no recollection of the accident whatsoever, said Mr Rountree, and had been off work on Social Security of £8 a week ever since. He still suffered from blackouts and could not db even the simplest job, such as mowing his lawns. Financially, he was now in “a real mess,” as he had personal debts of £4OO and owed the bus company £5O as a result of the accident, Mr Runtree said, asking that any fines imposed should be as small as possible. “He could have killed somebody with his negligent driving.” said the Magistrate. “I think he just about killed himself,” replied Mr Rountree.

McGrath was fined £5 for driving without care, and £1 for having no licence. On charges of riding an unregistered : machine, and having no. warrant of fitness for it he was convicted and discharged. CARELESS DRIVING Driving her father’s car along Harper avenue on ' October 14. Susanne Hewlett, a 17-year-old student, struck a woman riding ahead of her on a bicycle, and injured her. The woman who was knocked ' over, Florence May Webb, gave evidence that while she was lying on the road, Miss Hewlett had come up and said “I just didn’t see you.” Miss Hewlett had suggested moving her off the road, but two Americans with her had advised she be not moved until the ambulance came, in case she was injured internally. “I was pretty badly knocked about the head and had to have six stitches,” Mrs Webb said. “It’s quite clear the defendant was not keeping a proper lookout,” said the Magistrate, imposing a fine of £5 on a charge of driving without due care and attention. HIT BY TRAIN Although he told the police he had driven over the Lincoln road railway crossing hundreds of times, Anthony Joseph Searle, a 19-year-old farm worker, admitted he had not seen an oncoming train when he crossed over it driving his employer’s car on the evening' of September 22 while taking some passengers to the railway station. As a result of the collision which occurred, the car was badly damaged, and Searle’s passengers were injured, said Sergeant V. F. Townshend. Entering a plea of guilty on Searle’s behalf to a charge of going over the crossing when there was danger from an approaching train, Mr P. R. Mulligan said that there was a thick

drizzle at the time, and Searle had not noticed the crossing keeper. Fortunately, Searle had managed to swing his car round, so that it was struck more of a glancing blow, and a major accident was averted.

“It appears that the accident was caused by the conditions at the time, and a moment of temporary inattention,” said Mr Mulligan. Searle was fined £lO. ACCIDENT AT COMPULSORY STOP

Taking some friends home on the evening of September 15, Katherine Doris Blyth, a married woman, approached a compulsory stop on Innes road, and although she noticed a car approaching on her right, she considered she had time to cross. It was conceded that she did not completely stop, as required,

said her counsel, Mr R. E. Wylie, when she pleaded guilty to the offence.

Unfortunately for Mrs Blyth, she failed to notice another car approaching from her left, with the result that a collision occurred, and both she and her passengers were injured, Mr Wylie said. Mrs Blyth had been most upset by the whole affair. A fine of £3 was imposed. ' HIS FIRST ACCIDENT

A retired traffic officer, Clive Peat, who told the Magistrate he had been driving for 45 years, had his first accident on October 14 when he was struck by another car while making a right-hand turn on Cranford street.

Peat, who pleaded guilty to driving without due care, said the intersection was clear, and he had almost completed his turn, when the approaching car struck him on the side. He, thought the speed of the on-coming car had something to do with the accident.

“You say you were a traffic officer?” said the Magistrate. “Yes, sir, for 19 years,” replied Peat. “I’ve been driving for 45 years, and this was the first time I’ve had an accident.”

“I’ll take your good record into account,” said the Magistrate, imposing a fine of £2. ELDERLY WOMAN FINED

After driving for 33 years without an accident, a 71-year-old woman, Mary Emily Carolin’ Carleton, had misjudged her distance from an approaching boy cyclist when making a righthand turn on Papanui road, and bad collided with him, said her counsel, Mr A. D. Holland, when she pleaded guilty to driving without due care on September 21. There was no element of speed or gross negligence, as Mrs Carleton had been able to pull up almost immediately, and the boy was not hurt, Mr Holland said. “I’ll take defendant's good driving record :'nto account,” said the Magistrate, imposing a fine of £3. FINED £lO FOR SPEEDING Roderick James Leggett, a wool and skin buyer, who pleaded guilty to speeding, admitting doing 70 miles an hour in a built up area, was convicted and fined £lO.. Leggett told the Magistrate he worked on the West Coast, and asked that his licence be not suspended, as he would automatically lose his job. “You might expect to lose your licence if you travel at 70 miles an hour in a built-up area,” said the Magistrate. “However, I’ll take your job into account. Let this fine be a warning to you." “It is, sir,” replied Leggett. £l5 FINE IMPOSED

_ “A person who is not , frank with the police must take the consequences,” said the Magistrate when he imposed a fine of £l5 on Gary John Mason, who pleaded guilty through Mr B. J. Drake to a charge of failing to supply information on May 23 last.

OTHER TRAFFIC CHARGES In other traffic prosecutions brought by the police, convictions were entered and fines imposed as follows:

Failed to give way to right.— Norman Douglas Bancroft, £3 (no driver’s licence, £1); Elsie Doris Berrett, £4 (no driver’s licence, £3, no warrant of fitness, £1); Patrick John Eskett, £6; Brian Bernard Hapata, £5; Thomas Jones, £4; John Noel Leadley, £1; Gordon Menzies Proudfoot, £4 (no warrant of fitness, costs only); Patrick Edward William Smith, £4; Frederick John Stevens, £1; Brian Trevor Withell, £4.

Drove without due care Ronald Paul Dalziel, £4; Leo James Kennedy, £3; Patrick Anthony McCabe, £3; Alexander George Smith, £3.

Drove vehicle not specified on licence.—Ronald Douglas Kennedy, £2 (unlicensed motorcycle, £2).

Opened car door and caused injury.—William Colin Pool, £2 No warrant of fitness.—Leonard Dickson Kerr, £l. Failed to produce warrant of fitness.—William Albert Sibley,

(Before Mr N. M. Izard, S.M.) LICENCE SUSPENDED There was sufficient evidence of driving without due care and attention and he was satisfied that the defendant knew that there had been an accident but had not stopped or ascertained if anyone was injured, said the Magistrate convicting Ronald Walter Smith on three charges. Smith, a motor-cyclist (Mr J. N. Matson) was fined £l5 and his license was suspended for six months on a charge of failing to stop. He was fined £4 for driving without due care and attention, and he was convicted

and discharged for failing to ascertain if a person was injured. A charge of giving false information was dismissed. Smith had been originally charged with driving in a manner dangerous, but the Magistrate amended it to driving without due care and

attention. Smith pleaded not guilty to all four charges. AMBULANCE DRIVER FINED An ambulance driver, Keith Harold John Semmens, aged 26, was travelling at a higher speed than he >had told the Court, said the Magistrate convicting Semmens of failing to give way to the right on September 17. Semmens (Mr B. A. Barter!, pleaded not guilty. He was convicted and fined £5. Semmens, the driver of a St John ambulance, had collided at the intersection of Pdtrie and Warden streets with a car driven by John Shaw, according to the evidence. Both drivers had suffered minor injuries. A patient in the rear of the vehicle had received a shaking and a nurse had suffered minor bruises and shock. The ambulance, a two and a half ton 1959 model, had excellent brakes, said Semmens. There were brake marks 40 feet from the point of impact and, had Semmens been travelling at 15 miles an hour, he would not have travelled this distance as well as a further 38 feet locked with the car after the impact, said the Magistrate.

CHARGE DISMISSED A charge against 46-year-old bus driver, Ronald John Neville, of failing to give way to the right on July 25, was dismissed. Neville (Mr R. E.’ Wylie), a driver for the Christchurch Transport Board, pleaded not guilty. George Robinson, a factory supervisor, said that he remembered riding his motor-cycle on that day but could not remember a collision. He had just woken up in hospital with head injuries. He was satisfied that the accident had occurred because tha motor-cyclist had failed to see the bus, said the Magistrate dismissing the charge. The bus must have been almost across the intersection when the collision had occurred and it must have reached the stage when the provisions of the right hand rule were almost spent, he said.