Magistrates Court TWO MONTHS’ GAOL FOR DISQUALIFIED DRIVER

Press, Volume XCVIII, Issue 29067, 2 December 1959, Page 10

Magistrates Court TWO MONTHS’ GAOL FOR DISQUALIFIED DRIVER

“Taking the charges collectively, it would be hard to imagine a more flagrant attempt by a person to ignore his disqualification from driving. The accused obtained a licence by fraud and drove when he was disqualified,” said Mr Raymond Ferner, S.M., in the Magistrate’s Court yesterday. Albert James Bruce, aged 51, alias Arthur John Bryant (Mr W. F. Brown) was sentenced to two months’ imprisonment and ordered to pay fines and costs amounting to £37.' Bruce was sentenced to two months’ imprisonment for driving while disqualified on November 12, was fined £lO for obtaining a driver’s' licence while disqualified, £lO for failing to give way to the right, £lO for failing to stop- after an accident and ascertain if anyone had been injured, and £1 for having no warrant of fitness. Bruce pleaded guilty to all the charges. Chief Patrol Officer J. Brown, of the Christchurch City Council traffis department, who prosecuted, said that about 11.30 a.m. on November 12 Bruce, of 16 Skipton street, Shirley, drove his green car, number 348-017, north along Barbadoes street. At the intersection of Hereford street the accused failed to give way to the right and collided with a trailer attached to a car driven west along Hereford street by Frederick William Barrett, said Chief Patrol Officer Brown. The trailer was thrown on to its side and the contents were strewn on to the roadway. A large barrow was thrown against the front of a car driven east along Hereford street by Mrs Muriel Porter. Mr Richard Chamberlain, who was cycling directly behind the car and trailer, gained the impression that the driver of the green car was not going to stop so he swerved to the left to avoid being hit, Chief Patrol Officer Brown said. Immediately after the accident the accused put his car into gear and drove off north along Barbadoes street. There was a bicycle on the back of the car. The number was taken by Mr Russell Bernard Lepper. The proprietor of a service station at the corner of Barbadoes street and Bealey avenue, Mr Henry Duckworth, saw the car being driven by Bruce with the cycle on the back dragging on the road. He attempted to take the number of the car because of the dangerous way in which it was being driven. He was not successful because of the cycle bobbing up and down on the carrier. The car travelled east along Bealey avenue and turned left in Whitmore street.

The registered owner of the car, whose number was taken, was Arthur John Bryant, who first registered the vehicle in 1957, Chief Patrol Officer Brown said. His address was given as 480 Worcester street. It was found that Bryant had never lived at this address, but he answered to the description of Albert Bruce, who left the address two years ago. On November 13 information was received that the green car was parked outside 16 Skipton street, Shirley, Chief Patrol Officer Brown said. The vehicle was inspected and photographed and it was found that the right headlight -was smashed. The traffic officer making the inquiries was told that Bryant did not live at that address under that name, but was known as Albert James Bruce. Bruce was located .in a hotel but he denied any knowledge of the accident. Further investigations revealed that Bruce was involved in the accident and was a disqualified driver at the time. The accused had three convictions in Lower Hutt for driving under the influence of liquor, Chief Patrol Officer Brown said. On the first occasion he was fined £lO, on the second he was given 10 days’ imprisonment and was disualified from driving for one year, and on January 4, 1957, he was sentenced to 14 days’ imprisonment and was disqualified for five years. Bruce claimed he could remember nothing about the acaident and this could have been due to having too much liquor that morning. At 9 a.m. the accused had been discharged by a foreman at the yard of the Christchurch City Council because he was considered unfit to -send out to work because of the liquor he had drunk, said Chief Patrol Officer Brown. Unfortunately the accused had a formidable array of offences and it was difficult to make submissions in his defence, said Mr W. F. Brown, who appeared for Bruce. On the two major charges he was liable to imprisonment, but the warrant of fitness was only three weeks overdue because of forgetfulness. The accused could give no information as to why he did not stop after the accident as he had no recollection of it. He did not think any adequate plea could be made regarding the charge of driving while disqualified. No one had been injured in the accident. If the accused was sentenced to imprisonment it would have a serious effect on his health. A medical certificate was produced.

“The accused starts work at 5 a.m. when there is no form of public transport available and be very wrongly and stupidly decided to use his car. It is clear he should not be driving, Mr Brown said.

There was nothing in the accused’s state of health which prevented him being sent to prison, said the Magistrate. Bruce’s driver’s licence was cancelled for a further three years on the charge of driving while disqualified. INTERFERED WITH LAUNCH An able seaman in the Gothic, William Mac Kay Fell, aged 31, was remanded in custody until today when he pleaded guilty to a charge of unlawfully interfering with a launch, H.M.N.Z.S. M.L.P. 3563, valued at £20,000. the property of the Royal New Zealand Navy, at Lyttelton on November 29. He was represented by Mr B. J. Drake. At 4.30 p.m. on November 29 a Navy launch was berthed at the No. 3 east wharf at Lyttelton, V ’ F ’ Townshend said. At 11.10 p.m. on November 30 a Lyttelton Harbour Board watchman was patrolling the wharf when his attention was attracted , to three men who were obviously under the influence of liquor I The watchman kept the men

under observation and saw them near the launch, Sergeant Townshend said. While he watched he saw the accused cast off the ropes by which the launch was tied to the wharf. He called out and the accused ran away in the direction of the Gothic, berthed nearby. The watchman found the launch had been cast adrift both fore and aft and because of the choppy south-west wind it was liable to run in under the breastwork and get damaged, said Sergeant Townshend. He called for assistance and the accused and other men assisted in making the launch fast. No damage was done to the boat. In explanation the accused said he had been drinking heavily before the offence and cast the launch adrift as “a skylark.” He said he intended securing the boat later. _ From the dock Fell said he was very sorry for what he had done and it would not have happened if he had not had drink. He had never been in trouble with the police before. CAR INCORRECTLY PARKED Claims that he was being victimised by the Christchurch City Council’s traffic department, and that it was ridiculous to expect him to be able to park his vehicle, which was 20 feet long, in the metered spaces provided and still leave the required three feet of space between other parked cars, were made by William John Daniel Hugh McFaul who pleaded not guilty to incorrectly parking his vehicle near the City Council chambers in Manchester street on June 25. He was convicted and fined £l. Traffic Officer R. Church said the vehicle was parked with its front three feet out from the kerb.

McFaul said it would take him a quarter of an hour, and a quarter of a gallon of petrol to manoeuvre his large vehicle correctly into the space. DEALER OBSTRUCTED PATH “This practice has been going on for a considerable period, and the firm has been warned previously of the offence,” said Chief Patrol Officer J. Brown when Eastern Dealers was fined £2 for obstructing a portion of the footpath on Fitzgerald avenue. A traffic officer found at least half the footpath outside the premises blocked with three tables, nine cycles, two sewing machines, 12 chairs, two wardrobes, two prams, and other articles, Chief Patrol Officer Brown said. Mr G. C. P. Beadel, for the defendant, said there was a shortage of room in the dealers’ p.emises to store the articles. The footpath was 15 .feet wide, and only half this width was taken up by the goods. OTHER TRAFFIC CASES On other traffic charges brought by the Christchurch City Council, offenders were dealt with as follows: Exceeding 30 miles an hour: George Bilderbeck, £2; Peter Maurice Archer, £3; John Greig Atkinson, £1 (not wearing safety helmet, £1); John Wallace Cain, £3; Sydney Allan Campbell, £3; Laurence Winston Carter, £2; Gregory Morton Thomas Christieson, £3; Douglas Cruickshank, £2; Alexander Donald Cum r mings, £2; Terence Dolby, £7 and licence suspended for 3 months; Jane Maude Foley, £2; Charles Wynn Fountain, £2; Lionel Ernest Fox, £3; Stanley Leonard Giesler, £2; Brian Leonard Hartley, £2; John Charles Haworth, £3; Peter James Hayward , £4; Stanley Arthur Hern, £2; Bennett Richard Rapson Johns, £2; William Peter Johnston, £3; Francis Henry Keen, £5; Neville William Kilpatrick, £2; Ronald William Kirby, £2 (no safety helmet, £2); Allan Lay, £2; Ivan Welby Leeder, £2; Percy Thomas McCormick, £3; (John Montgomery McCurdy, £3; Laurence Edward McKenzie, £3; Maurice McMillan, £2; Paul Kevin Madden, £3; Brian Francis May, £3; Walter Frederick Meachen, £2; Donald Edward Moore, £2; Annesley D’Arcy Newton, £3; Stanley Leo Palmer, £3; Bryan Meikleham Ritchie, £2; Leonard Francis Rogerson, £2; Neville Edmund Rowe, £6; Thomas Barry Trevor Scotland, £3; Albert Michael Small, £2; Gerald Raymond Wall, £2; Donald John. Weatherhead, £2; Harold Devroux Williams, £2 (no warrant of fitness, costs only); Bernadus Christianus Wouters, £3; Vincent John Wright, £3 (no driving licence, £1); Ross Pynn Todd, £4 (failing to keep as hear as practicable to left, £4). Exceeding 20 miles an hour on power cycle: Kevin Arthur Mathews, £3.

Driving without due care and attention: Gijabert Geleyns, £3. Passing another vehicle stopped to give way at pedestrian crossing: John Alexander Liddell, £2 (no warrant of fitness, £1). Parking on offside of another vehicle: Clifton Joseph Smith,

Goods service vehicle parked without rear red lights: Stuart Jules Le Lievre, £3 (heavy traffic licence not displayed, £1). Failing to display L plates: Raymond Robert Clark, £lO.

CIVIL CASES (Before Mr N. M. Izard, S.M.) JUDGMENT SUMMONSES The following orders were mad ? ""Judgment summonses:— Elizabeth Daniels to pay ButterfieldS’, Ltd., £l2 ss, in default 14 days imprisonment, warrant naid en r ed hile £1 a week is Paid, J. Magee to pay N Z Farmers’ Co-op. Assn, of CanP d -.’ - £9 10s sd ’ in demult 11 days imprisonment, warrant suspended while £3 a week is paid; Rayrtiond Edward Wildef a u?t A ; Gunn £6B ' in wlrrnnf 71 da: £ s lm P ri sonment, warrant suspended while £1 10s a week is paid; Nola Horne to S.UU Vr,"’”? ’ S “• warrant 26 day J Im prisonment, mnn+t sus P" nd ed while £5 a paid; D ’ J - Eberts to fault M eiFht rS H n £6 - 7s 3d ’ in de * Cniir, days im prisonmentCoh n Robert Keith to pay the Ghrlst "hurch City £2B 17s, m default 31 days’ imT r n°f m H nt: Truscott to p?y J. Deyell and Company Ltd 9s, in default £ pnsonment; L G. Healey to X

Adams, Ltd., £4B 10s Bd, in default 51 days’ imprisonment, warrant suspended while £lO a month is paid; Graham Edward Watson to pay New Brighton Cash Timber Supplies, Ltd., £l6 15s 6d, in default 18 days’ imprisonment, warrant suspended while £2 a week is paid; A. J. Baldwin to pay Yee Nam £6 15s, in default eight days’ imprisonment; G. J. Mansell to pay John Burns and Company, Ltd., £7 ss, in default nine days’ imprisonment; Arthur G. Reynish to pay W. J. Ockwell £4 13s 9d, in default five days’ imprisonment; D. Roberts to pay Household Drapery, Ltd., £l3 13s 9d, in default 15 days’ imprisonment, warrant suspended while £1 a week is paid; Tip Thompson to pay K. Higgins £l7 17s 6d, in default 19 days’ imprisonment; E Saywell to pay E. B. Sampson £8 3s lOd, in default 10 days’ imprisonment, l warrant suspended while £2 a week is paid; D. Roberts to pay T. C. Smith £l6 14s Id, in default 12 days' imprisonment, warrant suspended while £2 a week is paid; Edna Wilkinson to pay Robert Francis Ltd., £8 ss, in default 10 days’ imprisonment, warrant suspended while £1 a week is paid- D Myles to pay Red Band Rental Cars, Ltd., £lB 8s 4d, in default 20 days’ imprisonment; E. Scott to pay J. Hunter £l5 13s 6d, in default 17 days’ imprisonment, warrant suspended while £1 a week is paid; A. P. Jackson to pay Standard Publishing Comxa? 3 \?&’ J Ltd ” £ll 128 3d > in default , 13 days ’ bnprisonment; H. T. Bishop to pay Macalister ? ros ; , £4 J 3B - 111 default five days’