Magistrate’s Court COUNSEL SEEKS TO LEAVE CASE

Press, Volume C, Issue 29536, 10 June 1961, Page 16

Magistrate’s Court COUNSEL SEEKS TO LEAVE CASE

A case took an unusual turn in the Magistrate's Court yesterday when Mr G. R. Lascelles, counsel for three youths charged with wilful damage and being rogues and vagabonds, asked Mr A. P. Blair. S.M., for permission to withdraw from the case. Three police witnesses had been heard when Mr Lascelles went to the dock and spoke to his clients. Gavin William Annett, aged 21, William John Jolly, aged 17, and Kenneth Mansfield, aged 19, for several minutes. He then asked the Magistrate for permission to withdraw from the case. Permission was granted. The next prosecution witness, Constable K. Holmes, then took the stand and after he had said about a dozen words the Magistrate asked that Mr Lascelles, who by this time had left the court, be recalled. “Although I appreciate your position I think it is your duty to carry on with the case,” the Magistrate told Mr Lascelles, who replied that it was a waste of the Court's time to proceed, as his clients would not heed his advice. He agreed to proceed, however, and a short adjournment was taken while Mr Lascelles conferred with his clients. The three accused were convicted on the charge of wilful damage, which was a joint charge, and also on the separate charges of being rogues and vagabonds. They pleaded not guilty to all charges. Jolly and Mansfield were each fined £2O on the charge of wilful damage and on the other they were convicted and discharged. Ansett, who had earlier pleaded guilty to charges of resisting the police, using obscene language, and of having a dangerous weapon in his possession, was remanded for sentence on all charges until Monday. Bail was renewed. Douglas Alexander Metcalf, a clergyman, said that he was awakened by the front door of his home in Portsmouth street being hit and the door bell being rung about 2.15 a.m. on April 30. He said a front window pane, valued at £l. had been broken. “I saw three youths walking across the road and heard one of them say, ‘Let’s get rid of these Bible bangers,’ ” said the witness. He identified the accused as the youths he had seen but could not say which was the one he had heard calling out. Two constables gave evidence of going to Portsmouth street in answer to a complaint about 2.30 a.m. They said that they had to chase the accused across nearby properties before they caught them. All three accused said that they had been to a party at Annett's place and had drunk a number of beers and half a bottle of whisky. They admitted being in the street but denied going on to Metcalf’s property or breaking the window. REMANDED Jack Lawson, aged 34, was remanded on bail to June 15 on a charge of using obscene language in the public bar of the Oxford Hotel on June 8. On a charge of countinghouse breaking and theft at Christchurch on April 13. Gordon Bell, aged 50, was remanded to June 15. Bail was refused. A man who was granted interim suppression of name was remanded on b- to June 15 on a charge of committing an unnatural act at Doyleston on June 2. DANGEROUS DRIVING “It is a perfectly clear case of irresponsible driving adding up to the charge of dangerous driving,” said the Magistrate in convicting Ronald John Beran, a driver, of dangerous driving on March 23. Beran (Mr B. J. Drake), who pleaded not gui'ty. was fined £l5, and his driving licence was cancelled for one year. On a charge of failing to produce his driving licence he was convicted and discharged and for failing to produce his warrant of fitness he was ordered to pay costs. He pleaded guilty to these two charges.

Constable P H. Berryman said that he was driving his own car. with Constable T J. C. Joy as passenger, east along Yaldhurst road about 430 a m on their way to work A car passed them travelling at high sneed and erratically and with only one light burning. He managed to pass the car. driven by Beran, which was weaving about on the road and travelling about 50 miles an hour. Constable Joy attempted by gesturing to make the driver stop, but was unsuccessful and Beran again overtook their car. Along Riccarton avenue he again overtook the car and stopped at the intersection of Oxford terrace and Montreal :'-eet, said Constable Berryman.. Here. Constable Joy. who was not in uniform, got out of the car and waved to Beran to stop. However. Beran swerved to the right and crossed the intersection with the traffic lights showing red to Oxford terrace traffic. Later, as the witness was falling in for duty, Beran called into the police station on a different matter and he was able to recognise his car. which was parked outside the station, said Constable Berryman. Beran said that he was taking two men home from a party who had had too much to drink. While he was driving along Riccarton road, the man in the back said that he wanted to drive the car. and interfered with the steering wheel. He was unable to stop the car, as the man in the front seat, who also turned off the car’s lights, had put his foot under the clutch pedal. When he came to the intersection of Oxford terrace and Montreal street he applied the brakes but nothing happened. He then accelerated and crossed the intersection against the traffic lights. At no time did he think that the two men in the other car were police officers, said Beran OTHER TRAFFIC CASES On other traffic charges brought by the police, offenders were dealt with as follows: Failing to give way at pedestrian crossing: Robert Brian Ayrey, £4. Failing to give way: Mervyn Walter Gaiger, £5: John Alexander Graham. £6; Gabrielle Myfanwy Mahar, £4: Reginald George Price, £2; Terence Alfred Kitson. £5, Driving without due care and attention: Eoin Leslie Fraser, £5 (no warrant of fitness. 10s); Henry Smyth. £5 (no warrant of fitness, £1); Henle Wilhemus Hendricks, £4; Merilyn Wendy Muller, £4; Brian lan Roberts. £5 and driving licence cancelled for three months: Josef Elias Roosing, £6; Raymond William Yardley, £lO, and prohibited from obtaining a driving licence for six months (no driving licence, £10; no warrant of fitness, convicted and discharged); William Frederick Allan Foster. £3 (failing to report accident, £2). Failing to comply with traffic lights: Thomas Kirner. £5 (no warrant of fitness, 10s). Operating a motor-cycle without lights: Annabella Wallingford. £3 (cycling without a front light, £3; no warrant of fitness, £1). No warrant of fitness: Bruce John Manson, 10s: Lester Tasman Rountree, £1; Grantley Anthony Wylie. £2: Raymond Joseph Hall, costs only. (Before Mr R. D. Jamieson. S.M.) LICENCE CANCELLED On a charge of negligent driving causing injury to a 76-year-old man in Ferry road on January 24. William Lancelot Singer, aged 35, a company director, was fined £ls and had his driving licence cancelled for one year. Singer, who pleaded not guilty, was represented by Mr R A. Young. William Davis, a footwear repairer, gave evidence that while watching for a friend's car from his shop window in Ferry road he saw the elderly man. John McSweeney, standing on the opposite side of the road awaiting the chance to cross. While McSweeney was crossing the road "quite steadily” he was struck by Singer's car when nearly in

the middle of the road on a pedestrian crossing. He was thrown about three feet forward in the impact. Singer gave evidence that a car turned into Ferry road from Lancaster street in front of him. As it crossed his path Singer cheeked his speed. He was behind the other car, and McSweeney must have dodged round the first car and then walked in front of his vehicle. In a statement to the police. Singer attributed the collision to McSweeney’s crossing “heedless of traffic approaching.” FINED £5 Bevan John Wendelken (Mr R. G. Blunt), was fined £5 for failing to give way when turning from Valley road into Cashmere road on April 12. He pleaded not guilty. FAILED TO SUPPLY NAME For flailing to supply his name and address after an accident on March 23. Patrick Hefflin Wylie, was fined £3. Wylie, who was represented by Mr S. H. Wood, pleaded not guilty. For having no driver's licence he was fined £5 and for having no warrant of fitness, he was ordered to pay costs. To these charges he pleaded guilty.