Magistrate’s Court Man Sent For Trial On Charge That J.P.s Dismissed

Press, Volume CI, Issue 29992, 29 November 1962, Page 19

Magistrate’s Court Man Sent For Trial On Charge That J.P.s Dismissed

Two justices of the peace had already found that there was not sufficient evidence to put the accused on trial. No fresh evidence had been produced. yet the police had: brought the charge again ' said Mr B. J. Drake in the Magistrate's Court yesterday ] Mr Drake was appearing' for Stanley Graham Pepper, aged 37, a carpenter, who was r .arged with being a rogue and a vagabond in that he was found by night without lawful excuse in a house at 28A Clifford avenue on October 18. A similar charge against Pepper was dismissed by justices of the peace on November 14. Depositions were taken yesterday before Mr H Rosen. S.M.. who committed Pepper for trial at the next sitting of the Supreme Court. Pepper pleaded not guilty after depositions were taken. Bai! was allowed. Marion Patricia Blackmore, s general help, said she was authorised to look after the house at 28A Cliflord avenue during the owner's absence. She visited the house several times between September 29 and October 14. and found signs that someone had been in the house. Practically any key in the house would fit the back door. Constable Leonard James Peterson said he went with the police dog Buck to the premises at 7.45 pm on October 18 and waited in the lounge. At 8.25 pm. a key was turned in the back door and shoes squeaked on the kitchen linoleum. A beam from a weak torch was shone on them, and the witness shone his own torch on the intruder.

"He was in my beam for about three seconds. I estimated him to be about sft 7in in height, with dark hair and of medium build. He had on a dark green jersey and dark trousers,” said the witness.

The man bolted for the back door and the dog was ordered to attack. The dog slipped on the linoleum and was held up again by a screen door, and the man ran off down the drive. The witness said he got into Clifford avenue in time to see a man get into a modern, dark-blue car. and drive off without turning on any lights. Detective Constable John Martin Phelan said that Constable Peterson described the intruder and they then went to Pepper s home in Blighs road. They waited outside, and at 1015 pm. saw a car similar to the one they had seen in Clifford avenue drive past several times. At 10 45 p m. they returned and found Pepper’s car in the garage Pepper was in his pyjamas, but showed the witness clothes similar to those worn by the intruder in Clifford avenue. Pepper denied being the intruder. Cross-examined by Mr Drake, the witness agreed that the police had brought no fresh evidence. After depositions were taken. Mr Drake said that in his experience of 15 years hi- had never heard of a person being committed for trial on the repetition of previous evidence If his submissions were not accepted there could be two consequences. Mr Drake said •When justices discharge a person there is nothing to stop the police proceeding on exactly the same evidence until they find justices or a magistrate prepared to commit him for trial.” he said. “Second, the matter was disposed of bv two justices It now falls to be heard by a magistrate It is a question of whether this is an appeal by the justices to underline their decision. This would bring the administration of law virtually into disrepute.” Mr Drake also submitted that the identity of the intruder had not been sufficiently established. Sergeant B D. Read said that the accused was never in peril and it had never been stated that the police had no right to recharge a person who had been discharged by justices Previously the police had allowed the matter to rest if a case was dismissed.

| "I do not consider this case can in any way be regarded as an appeal,” said the Magistrate. He said the matter cf the police continuing to bring proceedings, having been raised, might w'ell engage the attention of the Legislature. He also found that the proceedings before him were in no way affected by what happened before the justices of the peace. CIVIL CASE "I am not impressed by the evidence given by the defendant. and I am not satisfied that the advice given by him at the social evening at the plaintiff's home and the subsequent matters which arose gave rise to a professional relationship between the plaintiff and the defendant.” said the Magistrate, giving judgment in a claim by Marlene Yvonne Burrows, a married woman, against Bruce Hunter Paton, a solicitor. In view of the undertakings given by the defendant to return an agreement for sale and purchase of a property and the plaintiff to return a typewriter and record. the claim and counter-claim would be dismissed, the Magistrate said. Burrows (Miss C. Fleming) claimed from Paton the return of the agreement, or £5 5s for the cost of obtaining a copy, and £lO damages for the alleged wrongful detention of the agreement. Paton, who appeared on his own behalf, counter-claimed for a typewriter and record, costs of £7 Ils fid. and damages of £4O for alleged wrongful possession of the articles. Paton was non-suited on his claim for costs. The case began on Tuesday and ended yesterday. The Magistrate said that Burrows claimed that the advice given by Paton on the agreement and subsequent matters which arose was gratuitous, and Paton said it was not. The claim for costs was non-suited because of the provisions of the Law Practitioners Act, as one month had not elapsed since the presentation of the bill of costs. (Before Mr E. S. J. Crutchley.

S.M.) FINED £5 Charged with being an unlicensed drainlayer doing work at Ocean View terrace. Sumner, on October 19. Adrianus Keeveweer (Mr D. A. Oldham) was fined £5. He pleaded not guilty. FAILED TO CLOSE SHOP Charged with failing to close his shop at 349 Hills road on September 27, Thomas Colin Simpson was convicted and fined £2. He pleaded guilty by letter. REMANDED John William Waite, aged 45. was remanded on bail to December 7 on a charge of indecently assaulting a boy on November 25. Charged with driving while

under the influence of drink or drugs and causing the death of Byron Arthur Stierer on November 27. Graeme Charles Talbot. aged 21. a window cleaner (Mr G. R. Lascelles), was remanded on bail to December 3. (Before Messrs W. E. Olds and Turner Smith, Justices of the Peace.) COMMITTED FOR TRIAL Leslie James Nolan, aged 30, a labourer, was committed for trial at the next sitting of the Supreme Court on a charge of negligently driving a car in Cranford street on July 20 and injuring Barry Middleton and Linda Margaret Rutledge. Nolan elected trial by jury, and pleaded not guilty. He was represented by Mr P. G. S. Penlington. who reserved his defence. Senior-Sergeant G. M. Clary prosecuted.

James Warne Ardagh. a surgeon, said that Middleton was admitted to the Princess Margaret Hospital suffering from -evere brain damage and was deeply unconscious. Rutledge had only slight brain damage when admitted and was conscious. Their injuries were consistent with their having been struck by a motor vehicle.

Linda Margaret Rutledge, aged 15, a pupil of the Papanui High School, said that she and other pupils were riding north along Cranford street shortly after 9 p.m. “I looked round and there was a car almost on us,” the witness said. “The next thing I remember was walking over to a house. Later I was taken to the Princess Margaret Hospital with a fractured skull. None of the children was fooling around or acting the goat." Garvin Bruce Cooper, aged 15. a pupil of the Mairehau High School, said that a car came up from behind them and passed Marshall and himself. Middleton's rear light was going. "The car hit Barry’s bicycle and it went under the car and he was thrown on top of the car,” the witness said. “The car hit Linda’s bike and it was thrown to one side and she slid across the bonnet.” Neither cyclist had swerved before the accident or had done anything to cause the accident, the witness said. The car was travelling about 35 to 40 miles an hour. He did not hear any sound of braking. NEGLIGENT DRIVING DENIED Brian William Hardie, aged 19. a truck driver, was committed for trial at the next sitting of the Supreme Court on a charge of negligent driving causing injury to Valerie Ann Sutherland on October 16. He pleaded not guilty and was represented by Mr J. G. Hutchison. Lyall James Porter said that he was driving west in Avonside drive about 2 p.m. on August Ifi when he saw a truck, travelling about 35 miles an hour. cross the Dallington bridge, cut the corner into Avonside drive, and hit a girl on a power-cycle. Constable D. W. Scott said that the accused, who was the driver of the truck, told him his view of the power-cyclist had been obscured.