Magistrate’s Court THIRD CHARGE OF DRIVING UNDER INFLUENCE OF DRINK

Press, Volume C, Issue 29421, 25 January 1961, Page 9

Magistrate’s Court THIRD CHARGE OF DRIVING UNDER INFLUENCE OF DRINK

Saying there was no doubt that the defendant was unfit to drive because <of drink or drugs, in combination with a mental illness, Mr A. P. Blair, S.M, convicted John Neville Bateman Crawford, aged 38. on a charge of driving while under the influence of drink or drugs on October 26 at Princess Margaret Hospital, in the Magistrate's Court yesterday.

Craw-ford <Mr M. G. L. Loughnan), who had a previous conviction in 1954, was ordered to pay Court costs and his driver’s licence was cancelled for 10 years and thereafter until ordered otherwise by the Court.

On a second charge of driving while under the influence at Bankside on December 29. he was convicted and discharged. In imposing sentence, the Magistrate said he would take into account that Crawford had spent some time in some sort of confinement.

Crawford pleaded guilty to the second charge and not guilty to the first charge on which part of the evidence was heard on Monday. Dr. K. J. Wilson said that he examined the defendant four hours after he had been arrested on October 26 at the police station. He found him in an excitable state but the defendant quietened down for a few minutes when he told him his solicitor had sent for him. The examination showed that the defendant was not fit to drive a car because of his mental disorder, he said. His breath smelled slightly of liquor but he was not affected by alcohol. To Sergeant V. F. Townshend, Dr. Wilson said that drugs could have been the cause of the defendant's mental disorder.

Mr Loughnan submitted that at 2.30 p.m. and 4.30 p.m. Crawford’s condition was identical. “He was unfit to drive a car because of his mental condition and unless the Court can be sure that he had had drugs, the case must be dismissed.”

On the second charge, Sergeant Townshend said that Crawford was found in his car at the side of the Main South road at 11.30 p.m. on December 29. He was taken to the Central police station where he was certified as unfii to drive by Dr. P. B. Maling TRUCK HAD NO DRIVER A milk truck travelling along Bower avenue at 5.40 a.m. on October 20, without a driver, was veering from one side of the road to the other, said Senior Patrol Officer L. G. Wilson. A milkman. Albert Francis Barrett, after delivering milk to a house, would run back to the truck and give the wheel a pull to keep it on the road, he said.

Barrett (Mr B. J. Drake), who pleaded guilty to a charge of driving without due care, was fine £5.

•‘He has a large round in the North Beach area and on this morning had had trouble with the truck's engine and was an hour late.” said Mr Drake. “Barrett found that the best way to keep the engine going was to put the truck in low gear.

“At no stage was he more than 20 yards from the truck,” he said. CHARGES REDUCED

Charges against Robert Hugh Jaggar, aged 19, a farmhand, and Russell George Webster, aged 18. an apprentice fitter and turner, of driving at a dangerous speed were reduced to charges of exceeding 30 miles an hour after the Magistrate had heard evidence for the defence.

“The case is on the borderline and I think I should give the defendants the benefit of the doubt,” said the Magistrate.

Webster and Jaggar pleaded guilty to the amended charge after pleading not guilty to the first charge. They were each fined £lO and Webster’s driving licence was suspended for three months.

They were represented by Mr B. A. Barrer. Traffic Officer B. McMorfan said that at 7 p.m. on September 2, he was travelling towards the city along Wilsons road when he noticed two motor-cyclists travelling towards him and accelerating rapidly. He gave chase and obtained a “snap” check of their speed at 55 miles an hour.

They crossed an intersect tion and four T intersections and passed through a shopping area where people were shopping. he said. Webster and Jaggar denied crossing the intersection at more than 30 miles an hour. “After crossing the intersection I had accelerated to. 45 miles an hour but the engine had gone dead.” said Webster. “At Centaurus road we had slowed and stopped.” OTHER TRAFFIC CASES On other charges brought by the Christchurch City

Council, offenders were dealt with as follows: Exceeding 30 miles an hour: Edward George Cotton, £6 (no warrant of fitness, £1); Lindsay Murray Kirk. £4; James Malcolm McMillan, £4 (not wearing safety helmet, £2); Hugh Edward Barton. £3; Michael Bond, £3; George Alexander Brown, £3; William John Cairns. £3; Douglas Graham Calvert. £2; Valda Jean Dench, £2; Trevor lan Dohl. £2; Shaun Richard David Fahey, £3; Johann Fluitsma, £3; Harry James Harbott. £3: George Victor Hauschild. £2; Leo Thomas Higgins, £4: Graham Rennie Hughes. £3; Clinton John Inns, £2 (no warrant of fitness, £1); Mervyn Lewis Jerrard. £3: Walter Kolff, £2; Clive Edward Lambert, £3; John David Lindley, £3; Keith Douglas Little, £1; David John McFerran, £3 (no safety helmet. £2). Parking offences: Keith Francis Chappell, £1; Adam Ferkatovich, £1; Graham Edmund Pilkington, £5; Neville David Smith, £2 (no warrant of fitness, £1); Philippa Vincent, £2; Reginald Lance Diamond, £2; Barry Edward Prisk, £4; Norman Thomas Smith, £3. Operating a vehicle with a load liable to cause injury: Ernest Humphries, £3. Failing to supply information: Richard Albert Churchill, £5. Failing to give way at pedestrian crossing: Lloyd Sutherland Gobbe. £5. Failing to comply with traffic officer’s directions: Edward William Bennett. £3 (no warrant of fitness, £1). Failing to stop at a compulsory stop: Richard McGrath, costs only. Overloading motor vehicle: Alfred Henry Beckett, £5; British Pavements Canterbury Ltd., £6; Alan William Gordon, £5: Horton Bidwell and Company, Ltd.. £6: Maiko Kaputane Pahi. £5; lan Randle, £5 (exceeding axle weight. £1: load in excess of certificate of fitness. £1); H 5. Righton, Ltd., £6. No heavy traffic licenceXmberley Sawmillers and Timber Merchants, Ltd.. £3 Toon Hay Service Station Ltd,. £3: Thomas Williair Tenry Prior, £4: Edwarr’ Holden Wilde. £3 (no certifi :ate of fitness. £3); Georg Wingham, two charges, £3 or each. Insufficient lights: Davie William McDonald, £2 (oper ating motor-cycle with inef fective silencer, £2). ASSAULTED WIFE James Pio Karini, aged 26. a butcher, was fined £3 when he pleaded guilty to a charge of assaulting his wife, Shirley Anne Karini. on January 23. • Sergeant Townshend said Karini’s wife suffered bruising about the left eye. and on her hands, in the assault. Mr J. N. Matson, for the accused, said the assault was the culmination of differences between Karini and his wife over the immediate past and arose from a domestic dispute. REMANDED David John Aiken, aged 18, a panelbeater, was remanded to January 30 on a charge of theft of groceries valued at £6 Us sd, the property of Doris Winifred Draper, on January 2. Bail was granted in his own recognisance of £5O. with a similar surety. David John McCormick, aged 30 <Mr B. J. Drake), was remanded to February 2 on a charge of assault on John Aya on January 23. He was allowed bail at £5O with a similar surety and was ordered to report twice weekly to the police. CIVIL CASES (Before Mr E. A. Lee. S.M.) JUDGMENT SUMMONSES The following orders were made on judgment summonses: John Thomas Harpur, labourer, to pay Ambell Order Company, Ltd., £ll 7s, in default 12 days’ imprisonment; C. A. Ownsworth, clerk, to pay New Zealand Farmers’ Cooperative Association of Canterbury, Ltd., £2O 14s Id, in default 21 days 'imprisonment, warrant suspended while £2 a week is paid; Thomas Myers. MED. employee, to pay Gloucester Motors, Ltd., £ 103 4s 7d. in default three months’ imprisonment, warrant suspended while £1 a week is paid; Gordon G. Spriggs, to pay D. J. Patchett £9 15s, in default 10 days’ imprisonment, warrant suspended while 10s a week is paid; Arthur Ernest Hawkings, plumber, to pay Olive May Hawkings £42 16s. m default 43 days’ imprisonment, warrant suspended while £2 a week is paid: A. R. Smith, labourer, to pay A. A. Parkin Drapery £l6 5s lOd, in default 17 days’ imprisonment, warrant suspended while £1 a week is paid; Desmond Holmes Withers, car dealer, to pay Insurance Company of North America. £ll7 Ils Bd. in default three months’ imprisonment. warrant suspended while

£4 a week is paid; John Charles Partleton, hairdresser, to pay Commissioner of Inland Revenue £lOB 12s 9d, in default three months’ imprisonment, warrant suspended while £2 a week is paid: Kevin Stanley Hanafin to pay Alex C. Fraser and Company £l3 Ils 3d, in default 14 days’ imprisonment; L. G. Price, labourer, to pay R. S. Graham £57 18s lid. in default 60 days’ imprisonment, warrant suspended while £2 a w’eek is paid; R. E. Mathie, married woman, to pay Papanui Electric Ltd., £2 19s 6d. in default three days’ imprisonment; Graham E. Watson to pay H. E. Shacklock Ltd., £4l 10s, in default 42 days’ imprisonment; I. Buckwell, housewife, to pay Beath and Company, Ltd., £l2 19s, in default 13 days’ imprisonment, warrant suspended while £1 a week is paid; C. A. J. Lister, labourer, to pay B. J. Drake and N. W. McGillivray, £6 15s, in default seven days’ imprisonment; Gavin William Kinsman, labourer, to pay Drapery and General Importing Company, Ltd., £5B 12s lOd, in default 60 days’ imprisonment, warrant suspended while £2 a week is paid; Raymond Ladbrook. labourer, to pay Cash Order Purchases Ltd., £2l 14s 6d, in default 23 days’ imprisonment, warrant suspended while £2 a week is paid; P. B. Percasky to pay Woolston Motors £2 10s 6d. in default three days’ imprisonment: S. .W. Carson, worker, to pay Beath and Company, Ltd., £8 6s. in default nine days’ imprisonment, warrant suspended while £1 a week is paid; W. Elliott, policeman, to pay K. L. Duffield £l2 15s in default 13 days’ imprisonment, war-1 rant suspended while £2: a week is paid; Herbert Eldon Edmondson, milk bar proprietor, to pay Arthur El-, worthy Lamport £64 13s, in default 65 days’ imprisonment; | Paul Tucker, builder, to pay A. R. Lintott £32 0s lid, in j default 34 days’ imprisonment; i A W. Cornwell to pay Canterbury Radiator Company. £l7. n default 18 days’ imprisonnent, warrant subtended while £1 a week is paid; H. J. Kerr, 'abourer, to pay McCracken ind Walls. Ltd., £24 12s 9d, in I default 25 days’ imprisonment, 1 varrant suspended while £2 a veek is paid: K. S. Hanafin to >ay Samuel Brown. Ltd., £2l 'Bs 3d. in default 23 days’ imprisonment; G. I. Thomas, proprietor, to pav H.M.V. (New Zealand). Ltd., £l5B 19s lid. in default three months’ imprisonment, warrant suspended while £2 a week is paid. . POSSESSION OF HOUSE j Six days after his wife had left him to return to her• mother, Bryant Hearfield, a i company manager, received a j letter from his mother-in-law asking him to leave the house | at 17 Burdale street which he had rented from her, according to evidence given in a civil claim for possession of the house. The plaintiff, Kathleen Ann , Round, was granted posses-, sion of the house from Hearfield in 14 days. In evidence Round, for whom Mr D. W. Russell appeared, said she gave notice to Hearfield for possession of the house last October on the ground that he had not taken proper care of the premises. To Mr D. J. Clark, who represented Hearfield, Round said her daughter returned to live at home on July 15 last. On July 21 Round wrote to her son-in-law asking him to leave the premises. She said in evidence that she also wanted the house for a family who were without accommodation, whereas Hearfield was living there virtually “as a single man.” The plaintiff s husband, Thomas Round, a constable, said a visit he had made to the property revealed the garden “a jungle” of weeds, with some thistles about 6ft high. A portion of the garden had been scythed when he insrpected the place this week. The house was in good condition. Hearfield said he still hoped his w’ife would return, and wished to keep the house open for that reason.