Magistrate’s Court Wine – And – Dine Case: Four Persons Fined

Press, Volume CII, Issue 30127, 10 May 1963, Page 10

Magistrate’s Court Wine - And - Dine Case: Four Persons Fined

Of 14 persons charged with licensing charges after policemen visited the Tattersail’s Noted “wine-end-dine" on October 4, only four were convicted and fined when Mr E. S. J. Crutchley, S.M., concluded the hearing in the Magistrate's Court yesterday On Wednesday the licensee and the manage, of the hotel were discharged under section 42 of the Criminal Justice Act, and four men had been granted certificates of indemnity after they had given evidence for the prosecution.

The decisions given yesterday were in respect of Raelene Ferguson, Bacey Cecil Hill, Thomas McDonald, Andrew Charles McDougall, John Kerry Rudkin, Maree Louise Skinner, Alfred Robert James Spark, and Rex Williams, who were charged with being on

licensed premises after hours. All defendants pleaded not guilty to the charges and were represented by Mr W. F. Brown. Sergeant B. D. Read prosecuted. The case was first heard on April 5. The Magistrate said he did not think section 42 of the Olminal Justice Act could apply to the remaining defendants. He dismissed the charges against Rudkin. McDougall, Williams and Spark. The cases of Ferguson, Skinner, Hill, and McDonald, the Magistrate said, were a little different. Their evidence was contradictory, in that two said they had been there an hour and a half, and the other two said they had been there half an hour. Each was convicted and fined £l. At the conclusion of his decision the Magistrate said'

"One must commend Miss Ferguson, who had the fortitude to eat a plate of cold sausages and potatoes one hour and a half after it arrived.” STUDENTS CHARGED

Procession-day activities had repercussions lor three young men.

Kerry Waldon Doble. aged 20, a student, was ordered to make a £2 donation to the Multiple Sclerosis Society as part of his penalty

Doble pleaded guilty to behaving in a disorderly manner on Wednesday and was discharged under section 42 of the Criminal Justice. Act. He was ordered to pay £1 IDs costs and to make the donation.

Detective - Sergeant J. W. Wooders said that Doble went into the middle of Oxford terrace outside the Clarendon Hotel at 6.10 p.m. and started to direct traffic. He stood in front of one car, which had to stop, and he started to push it back. He was then arrested. . “It is probably the only day of the year I would behave like that,” said Doble. The Magistrate said a certain amount of latitude could be expected. but the accused was more foolish than he should have been.

Graham lan Reid, aged 21. a part-time student, and another student, whose name was suppressed (Mr J. G. Hutchison), pleaded guilty to a joint charge of stealing petrol worth Is 3d on May 8.

Detective-Sergeant Wooders said the accused were returning to the city after they had been collecting for charity when they ran out of petrol. While his companion dozed in the car Reid went into a carsales premises and started to siphon petrol into a tin. They were apprehended by a night watchman. Mr Hutchison said his client bitterly regretted his part in the episode. He was discharged under section 42 of the Criminal Justice Act, and ordered to pay £3 towards the cost of the prosecution.

Reid told the Magistrate he could only apologise. He said he was attending university in the evenings as part of a reformation effort after previous convictions. He was convicted and ordered to pay court costs and £3 towards the cost of the prosecution. DISQUALIFIED DRIVER Pleading guilty to a charge of driving while disqualified on February 23. Gordon Herbert Roxburgh, aged 22, was convicted and remanded until May 17 for sentence. Bail was allowed. Traffic Officer J. Sterrltt said that he stopped a van driven by the accused in Yaldhurst at 11.45 p.m. on February 23. The accused admitted he was a disqualified driver. “There was a racing car in the van and the accused said he had been working on tire car for some time and was not going to miss the speedway just because he was disqualified."

Traffic Officer Sterritt said that Roxburgh had had his driver’s licence cancelled 10 times since June. 1958. He had appeared five times for driving while disqualified. Roxburgh told the Court he had now sold his van OBSCENE LANGUAGE

Pleading guilty to using obscene language outside the Central Police Station on May 8. Ernest James Brown, aged 23. was fined £lO. REMANDED

Basil Douglas Elder, aged 53, was remanded on bail to May 20 on a charge of driving while under the influence of drink or drugs in Papanui road on May 9. A man, whose name was suppressed, was remanded on bail to May 17 on charges of stealing radios on April IS and April 24. TRAFFIC CASES In traffic cases brought by the police, conviction* were entered and fines imposed as follows: Driving without due care and attention: George Cedric Stubley, £5 (failing to report damage. £5); Wayne John Prisk £3; George Nelson Topp. £7 and driver’s licence cancelled for three months from May 23 (failing to wear glasses. £1); Thomas Alexander Milroy, £5; Lucretia Emma Brightwell. £5: Wi Hankino Paurini. £8 and driver’s licence suspended for three months from May 30; Taltuha Hape Karaitiana, £6 and driver’s licence suspended for one month; Trevor Allan Beardsley, £3 and driver’s licence suspended for three months; Ralph Edward Lattimore. £2 (carrying pillon passenger on power-cycle. £2). Failing to give way: Mary Ellen Boakes £5: John Devereaux Greatrex £7; James Sydney Clarence Thomas, £4; Frederick Laurence Forrester. £7. and driver’s licence cancelled for three months; Hector McDonald Farquhar. £6; Warwick Russell. £6; Malcolm Ellis Eagle. £7; Vincent John Hughes. £7 and driver’s licence suspended for two months; Melvyn Robert O’Callaghan, £5 and driver’s licence suspended for two months from May 30; Robert Kelvin Taylor. £5 No warrant of fitness: Bruce William Howard £4; Anthony John Dawkins, costs; Jeanette Helen Mcßrearty, costs. Passing vehicle stopped at pedestrian crossing: Gary Harold Sandford £B. and drivers licence suspended for three months. Passing within 30 feet of am intersection: John David Harris, £3.

(Before Mr N. M. Izard. S.M.) GUILTY OF FOUR CHARGES A disqualified driver, Allan James Fraser, drove at an excessive speed and cut in front of another car in Nelwin on December 29. Traffic Officer J C. Butterfield said. Fraser (Mr W. A Wilson) pleaded guilty to four charges —driving while disqualified, driving without due care and attention, giving a false name and address, and having insufficient light*. .. . The hearing was adjourned to Friday for a report and Officer Butterfield said that Fraser gave a name similar to the name of a passenger, and the passenger * address. Fraser told the officer in Nelson that he cut In on th* other driver to pay him back tor doing the same thing previously

DROVE NEGLIGENTLY Alter pleading guilty to a charge of negligent driving causing injury to a pedestrian. Clarence Oswald Rider, a driver, was fined £lO. and his driving licence was endorsed for three years.

Rider, a former Transport Board bus driver, was driving over the Post Office-Godley plot pedestrian crossing when he heard a bump on the left side of the bus, just behind the front door. Senior-Sergeant G. M. Cleary said. The pedestrian, a woman, suffered severe head Injuries, and spent a month in hospital. Mr R. G. Blunt asked the Magistrate to treat the charge leniently In the light of the difficulty facing a bus driver, compared with that facing an ordinary car driver. Rider had lost his job through the accident. Mr Blunt said. FAILED TO STOP

After running into the back of a bus in Worcester street on March 31. lan Winstone Riley continued along the street without lights. Senior-Sergeant Cleary said. Riley was fined £5 for failing to stop. £3 for failing to report damage, and £1 for having no warrant of fitness, and was ordered to pay costs on a charge of driving without lights. He pleaded guilty to all charges. Mr R. G. Blunt said that although Riley was aware that he had hit the bus. he thought it was pulling into a bus stop. He drove on, thinking that it was a mild scrape. The car's lights went out in the collision, but came on later. Riley had intended to telephone the Transport Board next day. “This will be a lesson to you," the Magistrate told Riley. INDECENT LANGUAGE When two sheets of hardboard flew off a trailer in Cutts road on February 8. indecent language was used in the following argument, the Magistrate found James Shearer (Mr G. R Lascelles), who pleaded not guilty to a charge of using indecent language, was convicted and fined £5. After pleading guilty, he was fined £3 for having no warrant of fitness on the, trailer, and £1 10s for having no warrant of fitness on his car. Because he found that no damage was proved as a result of the accident, the Magistrate dismissed charges of causing damage with an insecure load, and falling to give a name and address to the owner of damaged property. Shearer denied the charges. DISMISSED Because the owner had no knowledge that a person using his car was doing so without a warrant of fitness, the owner was not liable. Mr R. G. Blunt submitted Accepting this, the Magistrate dismissed a charge against James McLean of permitting the operation of a vehicle without a warrant of fitness. McLean pleaded not guilty. Mr Blunt said that McLean lent the car to another man. It had a warrant of fitness then, and McLean did not know that the borrower had failed to renew it. OTHER TRAFFIC CHARGES

On other traffic charges brought by the Transport Department, the following were convicted and fined:—

Exceeding 30 miles an hour: Robert Clyde Blair Fife. £7 10s: Robin Alistair Gormack, £3; Laurence Patrick Manion. £3; lan Leslie Tie, £3; Valda Elizabeth Anderson, £3; Gordon Thomas Browne, £4; Thomas Joseph Chamberlain. £4; Robin Duncan Gilanders. £5; Edward Hasell, £3; Oswald Edmond Hooper, £3; Reginald Stephen Horler, £2; Mona Evelyn McClintock. £2; Robert Bell Maddock. £4; Graham Thomas Mars, £5; Rita May. £5; Gavin Selwyn Middleton, £4; Lindsay Wardlaw Milne, £2; Douglas Norton, £5; Ronald Arthur Paterson. £3: Kenneth Paulger. £3; Brian Passmore Philpott. £3; Alonzo George Rae. £2; Douglas Priest, £2; Wolf Ray, £3; Donald Eugen Rickens, £3; John Alexander Robertson, £4; Sheila McDonald Sarginson, £2; Joan Catherine Shaw. £5; James Warren Thomas. £2; Clarence Raymond Townshergl £4; Alfred Thomas Vincent. £4.

No warrant of fitness: Roderick Brian Gardiner. £3; John Edwin Hazelwood. £5; Robin Lockwood McAllister £1 u H n nry „ McGrath, £3; lan £1: Ronald Albert light £2** (disobeyed traffic Insufficient lights: Leon Victor James, £2.

No driving licence: Charles Kenneth Chesmar. £10: Mervyn Taylor, £3 (no warrant of fitness. £2).

Disobeyed traffic lights: Douglas Reginald Colling £5; Colin Ronald Hodge. £5: Robert Gwelyn Roberts. £3; Mvrtle Stewart £5; George William Climo £2; Jennifer Gray. £2Guy Clayton Morris. £5. Parked in prohibited area: Jim Kilpatrick costs. No certificate of fitness on heavy vehicle: E. M. Hobson. Ltd., £2. (Before Mr A P. Blair. S.M.) FINED £lO "It appears the defendant swung too wide at the corner and went ,on to the wrong side of the road," said the Magistrate when fining Raymond Alec Blance £lO on a charge of failing to keep as far as practicable to the left at Leithfield on February 3. Blance pleaded not guilty, and was represented by Mr G. S. Brockett The charge arose out of a collision between a car driven by Blance and one driven by Dawn Irene Loveday on the Main North road near the road to lelthfleld beach. CHARGES DISMISSED

A charge against Neville John Rlchan, of driving without due care and attention In Burwood road on March 16. was dismissed. He pleaded not guilty, and was represented by Mr M. J. Glue. Richan pleaded guilty to having no warrant of fitness, and was fined £1 10s.

The major charge arose when a car, driven by Richan, struck a pedestrian walking in the same direction along Burwood road late at night. Evidence was given that Richan had to swerve when a car backed out of a driveway, and then came on the pedestrian. Saying that there was some measure of doubt, the Magistrate dismissed a charge of driving without due care and attention against Charles Ralph Milne, aged 19. a student. Milne pleaded not guilty, and was represented by Miss A. J. Satterthwaite. The charge arose from a collision between a motor-cycle, ridden by the defendant, and a car in Hasketts road about 5 p.m on March 24. Milne said in evidence that the accident had been unavoidable because of dust caused by other cars on the road. He failed to see a give-way sign at an intersection because of the dust. He did not know the area.