Magistrate’s Court RULING ON RIGHT OF WAY AT CARLTON BRIDGE

Press, Volume C, Issue 29608, 2 September 1961, Page 14

Magistrate’s Court RULING ON RIGHT OF WAY AT CARLTON BRIDGE

A motorist or cyclist who enters the intersection of Bealey avenue, Carlton Mill road. Harper avenue, and Park terrace from Carlton Mill road must give way to vehicles on his left This decision was given by Mr E. S. J. Crutchley, S.M., in the Magistrate’s Court yesterday. Appearing on a charge of failing to give way to the right was Frederick Willie Freeman, aged 80. He pleaded not guilty, and was represented by Mr R. A. Young. The Magistrate dismissed the case on the ground that John Ronald Kenderdine. aged 19. a student, with whom Freeman had been involved in an accident at this intersection at 5.12 p.m. on April 27, had been turning to the right, and therefore did not have the right of way.

The Magistrate held that, as a matter of law, and ignoring any marks on the road, the prolongation of Bealey avenue. Harper avenue, and Park terrace comprised an intersection and a person travelling into Park terrace from Carlton Mill road, as Kenderdine was, was making a right-hand turn.

Mr Young submitted .that although the defendant was making a slight turn to the left the motor-cyclist had made a full right-hand turn. Freemen, who had been driving for 49 years and held the first licence issued by the Heathcote County Council, was the doyen of motoring organisations in Canterbury, if not in New Zealand. The intersection presented a problem, and might call for the attention of the local body, said Mr Young. He added that Freeman had never before appeared in a court on any charge. Upholding Mr Young’s submission that Kenderdine was making a right-hand turn, the Magistrate said that Freeman acted very properly after the accident. REMANDED

Two youths were remanded on bail to September 7 on a charge of wilfully damaging by night a high-tension insulator, three light shades, and three light bulbs, the property of the New Zealand Electricity Department, on August 31. They were granted interim suppression of their names.

Gordon Thomas Kelly, aged 24, was remanded on bail until September 7 on a charge of stealing a dress sword, valued at £lO. from George Anderson and Sons on August 29. On three charges of unlawfully converting cars, on August 19, 22, and 26, Peter Norman Rosewarne, aged 19, was remanded to September 7. Bail was granted. CHARGE DISMISSED A charge of driving without due care and attention in Lincoln road on July 17 against John Wafer McTaggart was dismissed. McTaggart pleaded not guilty, and was represented by Mr M. G. L. Loughnan. OTHER TRAFFIC CASES On - other traffic charges brought by the police offenders were dealt with as follows: Failing to give way: Graeme Sidney dark, £5; Harold Douglas Grieve. £5: Graham Arthur Henley, £5 (failing to report accident, £lO and driver’s licence suspended for one month); Terence Michael Hewinson, £5; Grace ( Lawrence, £5; Gaynor Margaret Nichols. £5; Franklin Clark Pepper, £2; Hermanus Wilhelmus Cornells Savenye, £5 (no warrant of fitness, IQs); Victor James Shackleton, £3; Lawrence Joseph Turnbull,

Driving without due care and attention: Donalda Violet Hancock, £5 (no driver's licence, £5); Craig Anderson Jones, £5; Ronald Gordon Kay, £5 (no driver’s licence, £3): Keith Henrv Meachem, £lO and driver’s licence suspended for two months; Leslie Allen Jones Webster, £5 No warrant of fitness: Panayiotz Christopher, £ 1 10s; Richard John Saggers, £1; Bernard John Stoneman,

£1; James Edward Dodd, 10s. Failing to notify change of ownership: William George Perriton, £3; Bruce Gordon Waldon, £3; William Ivan Watson, £1 10s; Keith Vincent Wells, £3. Opening car door when way not clear: John Alexander Hendry, £2. Failing to report damage: Charles Sydney Evans, £5, Parking offence: Graeme Seymour Scalmer, £2. (Before Mr E. A Lee, S.M.) PROHIBITED MIGRANT A 24-year-old Cretan, who counsel (Mr J. A. Bretherton) said belonged to a family which had been of great assistance to New Zealand soldiers in Crete in World War II and had helped many to escape during the German invasion of the island, was placed on probation when he appeared on a charge under the Immigration Restriction Act Mr Bretherton said the man, loannis Markis, a seaman, had completed a prison sentence of one month imposed under the act for unlawfully landing in New Zealand on December 26, 1960, being a prohibited immigrant within the meaning of the act.

Mr Bretherton, asking for probation, said Markis was assured of a home with a Greek businessman of standing in Ashburton. He had been living under this man’s care before his arrest, and had a job to go back to at a garage there. Markis was a good worker and citizen, said Mr Bretherton. Application had been made for him to remain in New Zealand, and this had been supported by the Returned Services’ Association, which had already approached the Minister. Mr I. J. C. Polson, who appeared for the Collector of Customs, said he consented to the application for probation. CHARGE DISMISSED A charge of driving without due care and attention, preferred against a 19-year-old mechanic whose ear struck and injured a three-year-old girl ip Elderslie street on June 19, was dismissed. The defendant, Donald Harry Cameron (Mr B. A. Barrer). pleaded not guilty. Ngaire Muriel McFadden gave evidence that from her house she heard a car approaching, then saw it strike her daughter at the side of the road near the footpath. Her daughter was running across to the footpath to play with other children when she was struck. She was in hospital for a week because of her injuries. To Mr Barrer the witness said her daughter ran out from the right side of the road. In evidence. Cameron said he was driving his employer’s vehicle to repair a car which had broken down in Elderslie street. He was coasting into the kerb approaching the car when he suddenly saw the girl immediately ahead of his vehicle and running towards it He could not avoid striking her. He thought the girl had run out from his right. Doris Isobel McKenzie said she saw Cameron’s car slow down approaching the kerb. She then saw a girl run round the back of a car on the street. She said the girl who was struck appeared to run out from the left The Magistrate said it would be unsafe to convict Cameron. It was not possible from the evidence for the Court to decide from which direction the girl crossed the road. CHARGE FAILS A charge against George Alfred Franks, aged 68, a retired fanner (Mr J. G. Leggat), of failing to stop at a compulsory stop sign at the intersection of Mairehau and Burwood roads on May 17 was dismissed. The Magistrate said the Court was unable to resolve the differences in evidence of witnesses, some of whom said Franks only slowed

down, and others that he stopped. (Before Mr Raymond Ferner, S-M.) LICENCE SUSPENDED

On a charge of failing to stop after' an accident in Harewood road on June 23, Maurice Edward Yardley, aged 35, a barman, was convicted and fined £l5 and his driver’s licence was suspended for three months. A charge of negligent driving was dismissed, and another of failing to ascertain if any persons were injured was withdrawn by leave of the Court Yardley pleaded not guilty to all charges and was represented by Mr B. McClelland. In eC statement made to the police on June 25, the defendant said that he was travelling down Harewood road on his way home from work about 8.30 p.m. on June 23 when he felt a bump which he attributed to the car travelling over a pothole. When he arrived home he 'discovered the front of his car had been damaged, and when he returned to Harewood road he found two boys on the side of the road, one of whom had been hit by a car. The boy was not badly injured, and admitted that he had no light on his bicycle, said the defendant. He said that at no time did he see the boy on the road until he returned from his home. The police then withdrew the charge of failing to ascertain if anyone was injured, and the Magistrate dismissed the charge of negligent driving. After evidence had been heard on the charge of failing to stop, the Magistrate said that he was unable to accept that the defendant did not See the cyclist when he hit him. REMANDED Carl Bernard Buckley, aged 35, was remanded to September 4 on a charge of non-compliance with a maintenance order. Bail was allowed.