Magistrate’s Court MAN’S SEVENTH CONVICTION FOR DISQUALIFIED DRIVING

Press, Volume C, Issue 29454, 4 March 1961, Page 4

Magistrate’s Court MAN’S SEVENTH CONVICTION FOR DISQUALIFIED DRIVING

Walter Arthur Burgess, aged 30, a motor mechanic, who had previously served prison terms of three months each in 1958 and 1959 for driving while disqualified, appeared in the Magistrate’s Court again yesterday for driving while disqualified on the Lower Styx. road. Brooklands, at 7 20 p.m. on December 10 He‘ pleaded guilty. The charge was adjourned to March 10 for a probation officer's report and sentence by Mr A. P Blair. S.M.. after he had heard submissions bv Burgess’s counsel. Mr J. E. Millar.

Sergeant E. S. Tuck said that a constable who was called to an accident between a car driven by John Henry Kaan and Burgess’s vehicle was told that Edward Arthur Spence. Burgess’s brother-in-law, had been driving the latter vehicle Snence later told the constable that Burgess was the driver. “Burffess was seen by the constable at the scene of the accident in a nearby shon doorway with his wife. He appeared to be under the influence of liquor, but the constable took no action, as there was no reason to believe at that stage that Burgess was ’he driver.” said Sergeant Tuck. He said Burgess was asked if he was the driver but said he knew nothing about it and had just, arrived at the scene to have a look.

Mr Millar said it was amazing that Burgess should have such a bad record of traffic convictions at his age. including six offences of driving while disqualified and two of driving under the influence of liauor. Burgess seemed to have some sort of urge to flout the authorities, but in all other respects he was a decent citizen. He was well thought of by his emplovers. Mr Millar said “It seemed ouite obvious from his record that prison has not had the slightest effect iri deterring him from driving,” said Mr Millar. “What is the alternative to orison?” asked the Magistrate He said that besides gaol terms imposed in 1958 and 1959. and further cancellation of his licence for ' two years for the latter offence, he had also been given probation. Mr Millar suggested that Burgess should be given a suspended prison sentence or placed on probation for a longer term, so that if he offended again he could be dealt with on the original charges. Called to the collision which involved Burgess’s car and another vehicle driven by Kaan. Constable E. A. Burt was met by Edward Arthur Soence. aged 35, a cartage contractor, who said that he was the driver and that the collision was his fault, said Sergeant Tuck. Later. Spence called on the constable and told him that he had told a lot of lies and that his brother-in-law, Burgess, was the driver. Spence (Mr J. A. Brotherton) pleaded guilty to a charge of obstructing the police on December 10. He was convicted and fined £B. "Spence was a passenger in a car driven by his orother-In-law, who, he says, was a prohibited driver and had been drinking," said Mr Brotherton.

After the collision he realised the position his brother-in-law was in and told the police he was the driver. As soon as this was done he realised It was a stupid thing to do and went to the con-

stable’s home and made a clean breast of it,” he said. FOUND DRUNK

Appearing on his seventh charge of being found drunk in a public place within the last six months. Harry Kilpatrick, aged 42. a workman, was convicted and sentenced to one month’s Imprisonment. |He pleaded not guilty. ‘Constable P. R. Dowson said that at 930 pm. on March 2 he arrested Kilpatrick. in a bus shelter in Cathedral square. He was unsteady on his feet and smelled of liquor.

Kilpatrick asked the Magistrate if he could be given another chance, as he had a ticket for Dunedin. DANGEROUS DRIVING

While passing another car on the inside at a sneed estimated at between 50 and 60 miles an hour at Chaneys corner. on the Main North road, on January 12. Basil Sidney Besley knocked over a marker post and continued on at a fast speed without stopping. said Sergeant Tuck. Besley. aged 18. a van driver, who pleaded guilty to a charge of dangerous driving, was fined £lO and had his driving licence cancelled for one year. 'For having no warrant of fitness he was fined £l. Mr J. F. Burn, for Besley. said he had driven up behind the other car, which was towing a trailer, to pass it. The other vehicle slowed down approaching a bend and through an error of judgment Besley could not pull up in time without hitting the trailer, except by passing on the inside.

FELL ASLFEP AT WHEEL

Returning home from his friends’ home at New Brighton on the evening of January 22. Raymond Isaac Karst, aged 47. a market gardener, fell asleep at the wheel of his car and struck a power-post on the north-east side of New Brighton road, said Sergeant Tuck. Karst (Mr M. F. Hobbs) pleaded guilty to a Charge of driving without due care on January 21 He was convicted and fined £B.

"At this time of the year. Karst was working long hours.” said Mr Hobbs. He submitted that tiredness and the few drinks Karst had had during the evening caused the accident. CHARGE DISMISSED

A charge against Margaret Muriel Nicoll, a married woman, of driving without due care at Templeton on December 1, was dismissed. Nicoll, who was represented by Mr J. G. Leggat, pleaded not guilty. The charge arose from tn accident on the Picton-Bluff highway when a car driven by the defendant skidded in shingle and struck a parked truck. The road in the area was being rosealed at the time. OTHER TRAFFIC CASES On other traffic charges brought by the police, offenders were dealt with as follows: Driving without due care: Neil Charles Borland, £5; Isobella Anne McLean, £2; David Leonard Mervyn Wails, £8; Gavin Francis Atkinson, £5; Patrick Robert Brosnahan, £5; Alan Provo McKissock, £5 and driver’s licence suspended for two months (false statement to police, £8); Warren Miles Pulley, £lO and driver’s licence cancelled for three months; Francis John Van Der Veen, £5 and driver's licence cancelled for six months (failing to re-

port damage, £8); Samuel Ward, £5; Frederick Bernard Watts, £3 (failing to stop after an accident. £lO and driver’s licence cancelled for one year); Hector Parks Gordon, £3. Driving without consideration; Barry James Robin, £8 and driver’s licence suspended for three months (no warrant of fitness, £1). Failing to stop at a compulsory stop; Warren Michael Saunders, £3; David Douglas Collier, £3; Gavin Maxwell McKay, £3 (no warrant of fitness, 10s). No warrant of fitness; Blogg Bros., £2; Raymond Charles Rockhouse, convicted and discharged; Noel Malcolm Collie, £2 (no driver’s licence. £8); John Francis Henderson, costs only. Failing to give way: Neil Douglas Heney. £5; Keith James Wood. £4; Stewart Ashton Cain. £5 Mark Hutton. £5; Nicholas Lucas Van Der Lem, £5; Trevor Alexander Wilkie, £5: Edith May Harris, £3.

No lights on a motor-cycle: Russell Smith. £3. (Before Mr E. A. Lee. S.M.) LICENCE CANCELLED

“The defendant was driving at a crazy, reckless speed: he is too big a menace to be in charge of a high-powered vehicle.” said the Magistrate, when convicting Clyde Banks Syme, aged 19. a truck driver, of dangerous driving in Riccarton road on January 7. Syme was fined £2O and his driver’s licence was cancelled for one year. He pleaded not guilty. Constable P. H. Berryman gave evidence that he chased the defendant’s car through the upper Riccarton shopping centre at “about 65 miles an hour." After turning towards Sockburn the defendant reached 70 miles an hour. “I stopped the defendant at the Sockburn roundabout by going round the wrong way.” said Constable Berryman. Mr H. S. Thomas, for Syme, submitted that the speed was not dangerous as all junctions along Riccarton road are controlled by stop signs. CHARGE DISMISSED

A charge of driving without due care and attention against John Garrick Pirie (Mr S. H. Wood) was dismissed. Pirie was convicted and fined £2 on a charge of having no driver’s licence. He pleaded not guilty to the first charge and guilty to the second.

“Pirie was travelling north along Colombo street when a car going east along Armagh street struck him. The prosecution case rests on the fact that the defendant was travelling too fast." said SeniorSergeant G. M. Cleary. The accident occurred at 1.15 a.m. when the traffic lights were not working. Ronald Gordon Herrick, the driver of the other car. said that he had not given way because he had seen that Pirie was turning into Victoria street.

“I doubt whether the allegation of speed is valid.” said the Magistrate when dismissing the charge. CHARGE REDUCED A charge of dangerous driving against Paul James Cuneen. a truck driver’s assistant, aged 20 (Mr G. T. Mahon), was reduced by the Magistrate to one of driving without due care and attention. Cuneen then changed his plea of not guiltv on the dangerous driving charge to one of guilty on the amended charge. He was convicted and fined £lO.

On another charge of failing to report damage he was cqpvicted and fined £5. He

pleaded guilty. “The charges arose out of an accident in which the defendant’s car crashed into the concrete post fence by the Riccarton road roundabout.” said Senior-Sergeant Cleary. Cuneen in his statement to the police said that he had been travelling about 40 miles an hour.DROVE WITHOUT CARE Barry Woodrow Ellis. a clerk, aged 24 (Mr J. G. Leggat). was convicted and fined £lO on a charge of driving without due care and attention on December 18. 1960. He pleaded not guilty.