Australian Newsletter Court Finds Against Radar Evidence

Press, Volume CI, Issue 30007, 17 December 1962, Page 20

Australian Newsletter Court Finds Against Radar Evidence

[By FRANK PUDDICOMBE, N-Z.P.A. Special Correspondent)

SYDNEY. A decision of great interest to motorists was given in Redfern (Sydney) Traffic Court this week. The Magistrate, Mr F. O. Olson, dismissed a charge of speeding against a motorist who was detected by police radar equipment. He said he dismissed the charge because the evidence was conflicting. The radar “appeared to be accurate,” but it was subject to interference.

The counsel for the motorist claimed that birds or other objects could cause inaccuracies in the police radar equipment used for tracking speedsters. He said there was no case to answer because expert evidence on the accuracy of the machine had been inconsistent. It was claimed that the flight of one bird, a cricket ball, or a vehicle passing in front could force up the indicator needle on the radar set ♦ * * “House Of Review” Labour members of Parliament in New South Wales are again pressing the Government to hold a referendum on proposals to reconstitute the Legislative Council—the “House of Review” in this State. Their action is seen as a reprisal for the Upper House’s rejection of the Government's Bill to amend the Landlord and Tenant Act They claim that the action of the Legislative Council in sending the bill back “all rags and tatters with new amendments" was a challenge which the Government should accept Several members of caucus said that sooner or later the Government would have to move for a referendum on reconstitution of the Upper House, because the Premier (Mr Heffron) promised such a referendum in his policy speech at the last elections. A group of nine Labour “rebels” in the Legislative Council has been seriously embarrassing the Government by declining to accept its

legislation or drastically amending it Last week, this group voted with the Opposition members to force amendments to the Landlord and Tenant Act which the Government has refused to accept. This act has been a most controversial measure. Thirteen months ago a Royal Commission submitted to the Government its findings on this matter which has been described as “both grave and difficult, and fraught with intense emotion and humanity.” The Commission proposed among other things, that controlled rents under £5 a week should rise by 60 per cent, and that control on rents above £5 a week should be abolished. It also proposed continuation of a great measure of protection against eviction from rented homes. After shilly-shallying for more than a year, the Government introduced amending legislation which, to quote the words of a Liberal member, “removes the handcuffs from landlords and replaces them with strait-jackets." The Government tossed aside the recommendations of the Royal Commission and framed amendments of its own. It was the Government proposals that the Upper House refused to accept. All of this means that the Landlord and Tenant Act will remain law except for two clauses which expire on December 31. The act provides for: Rent controls on premises occupied continuously since 1945 by the one tenant.

Rents to be increased by the Fair Rents Board only to recoup owners for increases in maintenance charges and rates. No rent controls on dwellings built since 1954. Rent controls on some business premises. The two clauses that will end on December 31 provide that: Tenants of controlled premises can be served notices to quit only if the owner has had the premises for two years. The owner must provide suitable alternative accommodation for evicted tenants. The Government claims that a “flood of evictions” is likely to arise, and it has stated it is considering ways of preventing this. * * * Industry Safeguards While representatives of all States were meeting in Melbourne this week to discuss the Federal Government’s plan to curb monopolies and restrictive trade practices, trade organisations called for additional safeguards for industry. The Commonwealth Government wants complete prohibition of some business practices and establishment of a tribunal to determine whether other practices are in the public interest Its proposed legislation will also control take-overs and mergers.

The proposals require complementary legislation by the

States before they can be effective, and this was the reason for the Melbourne meeting. The Federal Government’s legislation will outlaw persistent price-cutting, collusive tendering, and will restrict price-fixing. The secretary of the Local Government Association, in welcoming the proposals, said local government throughout New South Wales had been concerned about collusive tendering for some years. (At present a number of Sydney municipal councils are urging an inquiry into the “identical tenders” of oil companies.) The president of the Chamber of Manufacturers of New South Wales (Mr H. N. Herford) said he hoped business interests would be given an opportunity to present their views to the Government on the legislation. He said it appeared the proposed tribunal would assume the onus of proving that a trade practice restricted competition. However, it appeared that the onus of proving that such restriction was not against public interest would be placed on the parties to a trade agreement. Democratic societies, he said, always regarded any move to place onus of proof on defendants with deep suspicion and this instance would be no exception. * * * Slot Machine Petrol This week the Industrial Commission fined a garage company £2 for offering petrol for sale from an automatic machine after legal trading hours. Early in the New Year thousands of these machines will be operating 24 hours a day, seven days a week, throughout New South Wales. Legislation to permit this was forced through the Legislative Council one day last week at 4 a.m. But until the 24-hour service becomes legal, machines in service stations are re-

stricted to normal trading hours.

More than 2000 machines are expected to be ready in the Sydney metropolitan area when the change in the petrol trading law becomes effective.

The machines, into which coins are fed, are simple to operate. The Service Station Association opposes the change in trading hours, but it has been welcomed by the general public. The secretary of the association, Mr J. D. Stewart, said proprietors felt the present range of trading hours was ample. “Although the machines are not dangerous (a large sign on each one warns motorists not to smoke while operating them) we feel that there is a danger of misuse,” said Mr Stewart. He said there were a lot of irresponsible young people about at night who would skylark and there was always the probability of a fire. The “Daily Telegraph” commented: “One night in the Legislative Council has done more to overcome the stupidity of the State Government’s trading laws than years of public protest.” ¥ * ¥ “Sorry-Cuts” An aborigine died at a remote cattle station in the Northern Territory this week from loss of blood after “sorry-cutting” himself because a relative had died. He was Hughie, aged 62. Hughie was a relative of an aborigine called Pompey, who died by electric shock a fortnight ago in Alice Springs. Pompey stepped on a high-voltage power line brought down in a storm. During a corroboree at Utopia station, several hundred miles north-east of Alice Springs, Hughie “sorry-cut” himself with a knife in the upper part of the leg. This is a tribal custom symbolising sorrow at the death of a' friend. However, the knife cut too deeply, severed an artery, and Hughie died be-

fore medical aid could be found. ¥ ¥ ¥ Damages Of £19,500 A Sydney factory worker won £19,500 in the Supreme Court this week for the loss of his left hand. The damages were awarded in a retrial after a hearing in which he was awarded £11,055. The man’s employers sought the retrial after the first hearing in March, 1961. The man, Thomas Barrett, aged 40. was setting dies in a press when it operated without warning.