Magistrate’s Court Charge Of Driving While Intoxicated Dismissed

Press, Volume CI, Issue 29746, 13 February 1962, Page 8

Magistrate’s Court Charge Of Driving While Intoxicated Dismissed

A charge against Edward George Moffitt, aged 51, a barman (Mr G. S. Brockett), of driving while under the influence of drink or drugs on December 2, was dismissed by Mr A. P. Blair in the Magistrate’s Court yesterday. Moffitt pleaded not guilty.. Sergeant G. A. Agnew said he saw Moffitt get out of his car at 7 p.m. and walk to the pie cart in Hereford street. He appeared to be unsteady on his feet. Moffitt got back into his car, turned, and waited at the traffic lights where Sergeant Agnew spoke to him.

Sergeant Agnew said Moffitt’s speech was slow, his eyes were glassy, and his breath smelt of liquor. Sergeant Agnew considered him unfit to drive and he was taken to the police station and examined by a doctor, who also considered him unfit to drive. In evidence, Moffitt said he had had poliomyelitis and used sticks to walk any distance. He wore a spinal brace and had a disabled right arm and left leg. He had drunk some beer shortly before but did not consider he was intoxicated.

The Magistrate said the unsteadiness which attracted the attention of the sergeant turned out to be a neutral factor. He said that although the sergeant and the doctor considered him unfit to drive, he was entitled to the benefit of the doubt. OBSCENE LANGUAGE

Charged with using obscene language in Cathedral square at 10.25 p.m. on February 10, Stewart Cameron Turvey, aged 18, a cook, was convicted and fined £B. He pleaded not guilty. Constable E. Arnold said Turvey was a passenger in a truck when he leaned out the window and shouted at a person crossing the Square. Constable L. J. Peterson gave corroborative evidence. Turvey admitted shouting at some-one but said he did not use the words complained of.

The Magistrate said he preferred to belie-’e the evidence of the two police constables. IDLE AND DISORDERLY

Charged with being idle and disorderly in that he had insufficient means of support on February 12, Clark Munro, aged 20, a workman, was convicted and ordered to come up for sentence if called upon within six months. Munro pleaded guilty to the .•harge. Sergeant Tuck said the ac:used had arrived in Christ.’hurch in mid-January with £32. He stayed with relaives until his money ran >ut, then went to live in Carlyle street, where the >ther people in the house supported him. Sergeant Puck said the accused had rot tried very hard to find work and seemed quite lappy to do nothing. BICYCLE TAKEN Mara Te Mapu, aged 23, a reezing worker, was renanded on bail until Februry 19 for sentence on a harge of taking a bicycle on ebruary 10. Te Mapu beaded guilty. Sergeant E. S. Tuck said he accused took the bicycle rom outside the Shirley todge Hotel at 6.15 p.m. The jwner of the bicycle chased he accused and saw him go nto a shop. The police were :alled and when the accused lame out of the shop he was irrested. FOUND DRUNK

Eileen Henrietta Warwick, aged 56, was convicted and fined £5 when she pleaded guilty to a charge of being drunk in Victoria street on February 10, having been convicted of drunkenness three times within the last six months. REMANDED

Antoin Nikoloff, aged 34, charged with assault on February 5, was remanded on bail until February 16. Kevin Douglas Herdman, aged 17, and John Dalton, aged 19, were remanded on bail until February 19 on a charge of theft of petrol valued at 10s on February 10 Roy Polson, aged 53. was remanded in custody until February 16 on charges of false pretences at Auckland on November 3 and November 4.

Oscar David Engelbrecht, aged 35, was remanded on bail until February 19 on a charge of driving a car while under the influence of drink or drugs on February 3. Mervyn Edward House Kitto, aged 30, was remanded on bail until February 26 on a charge of driving while under the influence of drink or drugs on February 3. (Before Mr E. S. J. Crutchley, S.M.) CHARGE DISMISSED A charge of shopbreaking and theft on December 21 against Clifford Jeffrey Leonard Hamm, aged 18, a workman, was dismissed after evidence for the defence had

been heard. Humm had previously pleaded not guilty to the charge and was represented by Mr A. B. Harman. The Magistrate said there was some conflict in the prosecution evidence and no corroboration. “It would be dangerous to convict without this corroboration,” he said SIX MONTHS' GAOL

A term of six months' imprisonment was imposed bn Henry Naeroa Grace, aged 26, a workman, when he appeared for sentence on a charge of theft of a petrol tank and petrol valued at £ll 6s 4d at Green Island on January 9. Roland Taniwha, aged 26. a workman, jointly charged with Grace on the same offence, was sentenced to three months’ imprisonment Both had previously pleaded not guilty to the charge. The sentence imposed on Taniwha is to be cumulative on a sentence of six months’ imprisonment imposed on a charge of unlawful conversion of a tpotor-car on January 3. ('Before Mr E. A. Lee, SJM.) GAOLED FOR CONVERSION

“This is not the first time you have been before the Court. You have been on probation, had terms of imprisonment and corrective training.” said the Magistrate when sentencing Roland Taniwha. aged 26. a workman. to six months' imprisonment on a charge of car conversion on January 6

Taniwha, who was not represented by counsel, was appearing for sentence. He was convicted of converting a rental car by retaining possession of it. FINED £l5

A fine of £l5 was imposed on James Albert Fowlds, aged 34, a printer, when he was convicted of a charge of being in charge of a car when under the influence of drink or drugs on November 25 His driver’s licence was cancelled for six months.

Fowlds, who pleaded not guilty, was represented by Mr D. H. Hicks. The evidence established beyond any possible doubt that Fowlds was intoxicated to such an extent that he was incapable of having proper control, said the Magistrate When the traffic officer arrived he was sitting in the front passenger seat of the car, had the keys in his possession, and had had use of the car earlier in the day The keys had been handed to him by Ernest Alexander Clydesdale, who was in the driver’s seat, after the traffic officer was seen, the Magistrate said. If this was done so Fowlds could drive home he was in charge of the car though at that moment he was not in a position to steer the car.

Another explanation was that Clydesdale had divested himself of the keys because he was not in a fit condition to drive, said the Magistrate. A prima facie case had been established that Fowlds was in charge of the vehicle. The onus then shifted to Fowlds. not to prove his innocence, but to prove the facts within his knowledge—that he had no intention of driving and that he had the keys for another purpose. That onus had not been discharged Traffic Officer J R. Krippner gave evidence of apprehending Fowlds sitting in the front passenger’s seat of a car parked near the Phoenix Hotel, Papanui, about 615 p.m. SATURDAY (Before Messrs O C. Mitchell and S. E. Boanas, Justices of the Peace.) OBSTRUCTED FOOTPATH Peter John Petterson, aged 18, a commercial cleaner, was fined £5 for obstructing the footpath and £lO for resisting the police. He pleaded guilty to both charges. Sergeant E. S. Tuck said Petterson was seen by two constables obstructing the entrance to the men's conveniences in Cathedral square at 655 p.m. on Friday. Petterson was asked to move four times He obeyed, but later was again found obstructing the footpath. When Petterson was arrested he ran off towards the Post Office. Sergeant Tuck said. He stumbled into a bicycle and fell on to a passing car but was not injured Two constables seized him and he struggled so violently that he had to be handcuffed. REMANDED Vernon Royce Williams, aged 24, a surveyor, was remanded on bail to February 16 on a charge of receiving a stolen camera valued at £4O. HUSBANDS AND WIVES GUIDE A frank and confidential booklet for married people only Sen' in plain wrapper free Write today— GEORGE BETTLE. Chemist, 25 Victoria street —Advt. .