Magistrate’s Court Man Fined £l5 For Being Unlawfully On Premises

Press, Volume XCIX, Issue 29293, 26 August 1960, Page 14

Magistrate’s Court Man Fined £l5 For Being Unlawfully On Premises

Seeing an intruder peering through his 14-year-old daughter’s bedroom window on the night of July 2, Maurice George Fittock went to the house and got his shotgun, he told Mr E. S. J. Crutchley, S.M., in the Magistrate’s Court yesterday. Before the Court was Fittock’s neighbour, Malcolm John McKenzie, aged 31, married, with four children (Mr R. J. de Goldi), who pleaded not guilty to a charge of being unlawfully on enclosed premises. He was convicted and fined £l5.

Fittock said he was putting his daughter’s bicycle away in the washhouse of his home at 146 Tedder avenue, New Brighton, when he saw a man walk across his backyard. The man went to his daughter’s bedroom window, peered through it, and then walked out of sight around the side of the house. Confronted with the shotgun, the man said he was looking for a man called Bishop, said Fittock. He then acted as though he was drunk.

“I could see he was my neighbour,” said Fittock, “but when I asked him he denied it.” Fittock said that after the man had gone down Pacific avenue, he watched McKenzie’s house from a window. He saw McKenzie enter his back door about 11.15 pan.

Police witnesses said that when interviewed, McKenzie denied the offence. He said he had been Out that evening, came home at 10.45 p.m., and went to bed almost immediately.

Mr de Goldi said the case rested entirely on Fittock’s evidence. Lighting in the area was poor, and he could have been mistaken. “It is absurd to imagine a neighbour intruding in the way of a Peeping Tom on his neighbour’s property,” said Jilr de Goldi.

The Magistrate said there was corroboration on several points of evidence against McKenzie. He had also to take into account McKenzie's immediate denial that he was Fittock’s neighbour.

“I will give you a sound warning that if you commit another offence, you may expect to go to prison,” said the Magistrate. THREE YOUTHS FINED

Four 17-year-old youths appeared on charges arising from incidents on the Arthur’s Pass excursion train on Sunday, June 26. Sergeant V. F. Townshend said the charges arose after passengers complained that several lights had been put out of action by youths tampering with' the switches. For behaving in a disorderly manner, Eric Donald Bruce Kerr was convicted and fined £4. He pleaded guilty. Peter John Shannon (Mr G. R. Lascelles) was fined £4 for behaving in a disorderly manner, and was ordered to pay 13s Id restitution on a charge of wilfully damaging a fuse box. He pleaded guilty to both charges. Lawrence James Le Comte, aged 17 (Mr C. B. Atkinson), was fined £5 lor behaving in a disorderly manner, and was ordered to make restitution of £1 19s 4d on a charge of wilfully damaging a fuse box. He pleaded guilty. Charges of behaving in a disorderly maimer and wilfully damaging a light switch, against David Bell (Mr R. G. Blunt), were dismissed.

WHISTLE WARNED YOUTHS A whistle, heard by two constables as they approached a parked car, valued at £255, in Lyttelton, on August 27, alerted two youths, who made a hurried exit from the car, said Sergeant T. A. A. Marson. When caught by one of the constables, John Frederick Lomas, aged 19, a seaman, admitted trying to start the car, said Sergeant Marson. The other youth will appear in the Children's Court.

I am feeling worse and got upset. I got very upset and told her: ‘I don’t believe you any more.’ “Then I grabbed her neck. I grabbed her by the throat with I think the left hand. She was standing up. I hit her with my fist once. Then I picked up scenething like a little table and I hit her several times. I can’t think where. I did not hit her on the ground. I am not sure. "I don’t know how many times I hit her with the table. I was out of my mind. I hit her until I got tired. I left her and ran out and jumped on my bike. I ran out the front door. She was lying on the floor when I left. “Then I left on my bike. I was thinking what to do now and I came straight to the police station. “I had hurt my hand. My left hand. I don't know how I hurt this. “I told a man in uniform: ‘What have I done?’

“Later I asked the police if Dr. Newman was dead and the man in uniform told me that she was. I wouldn’t mean to kill her,” the statement concluded.

Lomas, whose ship was due to sail from Lyttelton for Peru yesterday, was convicted and fined £lO for unlawfully entering a motorcar. He pleaded guilty. WARRANT FOR ARREST A warrant for the arrest of Eric George Ball, aged 30, was issued by the Magistrate, when Ball failed to answer a charge of making a false statement to the police. Sergeant E. S. Tuck applied for the warrant. CHARGE . DISMISSED Saying that there was some doubt whether Lauriston Scott Neilson, aged 33, had the fhtention of theft when he took keys from a taxi driven by Albert Sydney Forsey, after an argument, the Magistrate dismissed a charge of theft of a bunch of keys, valued at 9s 6d, on June 11 against Neilson. Neilson, who pleaded not guilty, was represented by Mr H. S. Thomas. DOGS RUSHED AT CARS Chased by t<vo dogs while driving in Edgeware road. Constable L. R. W. Nesbitt stopped his car, and in a few minutes saw the dogs attack several cars, said Sergeant Townshend. David Francis Parris, a solicitor, pleaded guilty to two charges of allowing a dog to rush at a car on June 24. He was convicted and fined £1 on each charge. FOR SENTENCE Because he felt he had been cheated in a deal with the firm of Auto Wreckers, Ltd., Kaiapoi, a man, whose name was suppressed, decided to break into the firm’s premises, said Sergeant Townshend. The accused, who pleaded guilty to the charge of breaking and entering, was remanded on ball to today for sentence.

LIQUOR CHARGES For licensing laws breaches the following persons were convicted

On licensed premises after hours: Hay ton George Williams, £3; Clifford James Anquetil, £3; Alan Frances Burdon, £3; Richard Thomas Carrol £3; Ronald Desmond French, £3; John Herbert Baker, £3; Monica Baker, £3; Francis Gallick, £3; John Raymond Lloyd, £3; Edith Gertrude McLean, £3; Herbert Edward Tooley, £3; Leonard Desmond Turvey, £3; George William Thomas, £3 (falsely represented to be a lodger, £3; supplied false name, £3. Supplied liquor while being a person other than a licensee: Neil William Iggo, £3. Aided in committing a liquor offence: William Robert Cockburn, £3. Exposed liquor for sale after hours: Herbert Kendall, £lO. Aided the offence of supplying liquor to a minor: lan Kelvin Musch amp, £2; Bernard William Pope, £2; Darrel Kevin Trenberth, £2. Opened hotel after hours: Thomas Walsh, £lO. CARNAL KNOWLEDGE For unlawful carnal knowledge of a girl aged 15 at Rangiora on August 8, Bruce Pama. aged 25, a railway worker, was convicted and fined £25. He pleaded guilty. Mr G. R. Lascelles said that this was Pama’s first appearance before a Court. It also appeared that the girl was not a completely innocent party. SUPPLIED FIREARM

For giving an air rifle to her 13-year-old son, and thereby supplying a firearm to a person under the age of 16. Shirley Ellen Partridge, aged 34, was fined £1 10s.

Charged with unlawful carnal knowledge of a girl aged 14 on July 31, Stanley Arthur Limmer, aged 17, a workman, was remanded to today.

DANGEROUS DRIVING Speeds of up to 75 miles an hour in the Sockburn and Hornby areas were reached by a motor-cyclist, Paul Gerard Crequer, aged 19, in his attempt to get away from a traffic officer, according to evidence. Crequer was fined £lO and had his driving licence cancelled for two years when he pleaded guilty to driving at a dangerous speed on the evening of June 4. When apprehended the defendant said he had driven away because on a past occasion when he had been caught be had had all the charges in the book brought against him, said Traffic Officer Gallagher. HIT PARKED CAR

David John .Barry’s explanation after hitting a parked car which struck another, pushing it 133 feet, was that the glare from the lights of an oncoming car on the Main South road had forced him to swing to the left, said Traffic Officer Gallagher. Both parked cars were extensively damaged. Barry was convicted and fined £5 on a charge of failing to stop within half the clear roadway ahead. FAILED TO STOP

Signalled to stop by Traffic Officer Sterritt on the Akaroa highway on July 19, David William Kelso, a farmer, of Little River, kept going, turned into a side road and parked his truck under trees, it was stated in Court.

Kelso (Mr L. G. Holder), who said that , he thought that the traffic officer was waving to him, pleaded not guilty to a charge of failing to stop for a traffic officer. He was convicted and fined £5.

Kelso was fined £3 for permitting the use of an unlicensed vehicle, and £1 for having no warrant of fitness. He pleaded guilty to both charges. OTHER TRAFFIC CHARGES

On other charges brought by the Transport Department, offenders were dealt with as follows: — Exceeding 30 miles an hour: Jack Francis Tutton, £5; John Herbert Elworthy, £3; Peter Graham Fuller, £4. Exceeding 40 miles an hour with pillion passenger: Edward Nilsson,

£5 (no safety helmet. £2). Exceeding 30 miles an hour tn heavy motor-vehicle: Morris Walter Archibald Carter, £4; Colin John Cotter, £6. No warrant of fitness: James Alexander Campbell. £2; William James Crossen, two charges. £1 and 10s: Edward James Dawson. £2: Gordon Henry Hobson. £1; Charles Rogal. 10s: Ernest William Taylor, £1 (towing trailer without showing blue light, £3); Vernon Lawson Watts. £1 10s.

Failing to carry certificate of fitness for a heavy motor-vehicle: Maurice Edward Barnden. £3. Unregistered motor-vehicle: Thomas Charles McGrath. £2. Falling to stop at stop sign: James George Hassan, £5 (wrong class of driver’s licence. £2).