Magistrate’s Court Three Months’ Prison For Driving While Disqualified

Press, Volume CII, Issue 30146, 1 June 1963, Page 17

Magistrate’s Court Three Months’ Prison For Driving While Disqualified

Defence evidence in a case against a man charged with driving while disqualified amounted to “rank perjury,” Mr B S. Barry. S.M., said in the Magistrate’s Court yesterday. He said this when tie sent Malcolm Robert Kinnaird, aged 38, a farm-worker, to gaol for three months on a charge of driving while disqualified on Blenheim road, on May 22.

Kinnaird (Mr L. M O’Reilly) pleaded not guilty. Senior Sergeant G. M Cleary prosecuted.

Constable K. R. McLeod said he was told to watch for Kinnaird's car in Blenheim road on May 22. At 12.25 am. he saw the car and drove alongside. “I shone a torch in the window and the defendant was sitting in the driving seat.” said the witness. When the car stopped, a man got out of the passenger aide and said he had been driving, Constable McLeod said. This was Kinnaird’s father-in-law. A woman behind the steering wheel said she had been driving. Kinnaird, meanwhile was sitting in the centre of the front seat nursing a baby. To Mr O’Reilly. Constable McLeod said he did not hear the father-in-law say anything about his daughter having no driving licence. Kinnaird said his father-in-law had driven to Christchurch that day. In the evening the father-in-law became intoxicated and Mrs Kinnaird began the drive home.

She was driving when the constable stopped tfie car.

Jane Elizabeth Kinnaird, wife of the defendant, gave supporting evidence. David Walker Galbraith, father of Mrs Kinnaird, said he was intoxicated and asleep when the car left the city. He awoke when he heard either his daughter or Kinnaird saying, “Get out, I think it’s the police.” He said he claimed that he bad been driving so that his daughter would not get into trouble for driving without a licence.

To the Magistrate, Galbraith agreed that this might have resulted in him facing a charge of driving while intoxicated. Evidence that Mrs Kinnaird drove the car away from a house in the city was given by Marie Collins, a factory worker. “There are two sets of conflicting evidence.” the Magistrate said. “The evidence of the prosecution is not, in the ordinary case, to be believed in preference to the evidence of the defendant. Where there is a conflict the Court is entitled to weigh up. “Quite frankly, I do not believe any of the evidence of the defendant or his witnesses. “I have no hesitation in saying that the evidence given by them amounts to rank perjury,” he said. OBSCENB LANGUAGE For what the Magistrate called the "disgusting offence’’ of using obscene language over the telephone, Peter John Reid, aged 17. was placed on probation for 18 months. Reid (Mr D. H. Stringer) appeared for sentence. He was also ordered to live and work where directed, and to Pay £26 10s towards the cost of the prosecution. Mr Stringer said Reid was a first offender. He had come from Australia only a month previously. REMANDED Charged jointly with the attempted theft of copper wire valued at 8s 9d, at Burnham on February 20 Wayne Maurice Carstairs, aged 22. and Harold Joseph Oakes, aged 28, were remanded in custody to June 14. (Before Mr A. P. Blair, S.M.) BORSTAL “I see no alternative to Borstal," said tlie Magistrate when Michael James Griffin, aged 19 (Mr M. J. Glue), appeared for sentence on a charge of theft, a charge of wilful damage and a joint charge of burglary. He was sentenced to borstal training on ail charges. Appearing for sentence with Griffin was Russell William Guy, aged 19 (Mr R. G. Blunt), who had been convicted on a joint charge of burglary. A charge of wilful damage against Guy was withdrawn by leave of the Court. Guy was fined £25 and placed on probation for two years. He was ordered to make restitution of £lO.

He felt that on the question of penalty he must distinguish between the two defendants, the Magistrate said. It was the seventh time Griffin had been before the Court on offences involving dishonesty. BOOKMAKING

Pleading guilty to a charge of bookmaking, Alexander Henry Walker, aged 40. a freezing worker was sentenced to seven days’ imprisonment. Detective Sergeant Wooders said police had gone to the Pier Hotel Kaiapoi, on May 25 and questioned Walker. He had admitted bookmaking and to taking £145 in bets."ASKING FOR BORSTAL" "With your record you are just asking to be sent to Borstal or prison.” said the Magistrate when sentencing Michael Paul Stone, aged 17 (Mr M, J. Glue), on a charge of unlawful car conversion on May 17. Stone was placed on probation for one year, ordered to pay £5 restitution and £lO towards the cost of the prosecution, and prohibited from obtaining a driver’s licence for one year. Mr Glue said Stone's initiation had been made by a couple of experienced criminals. He felt he was merely borrowing the car and having a bit of fun at the complainant's expense. FINED £5 Appearing on a charge of false pretences Joseph William Phillips, aged 37. pleaded guilty and was fined £5 and ordered to make restitution of £2. Detective Sergeant Wooders said Phillips had issued a valueless cheque for £2 at the New Brighton Working Men's Club on April 20 SHOPLIFTING Lawrence William Conway, aged 23. a workman, pleaded guilty to three charges of shoplifting on May 24. He was remanded on bail until June 7 for sentence. Detective-Sergeant Wooders said a staff supervisor at Beath and Company saw Conway acting suspiciously. He was stopped outside the shop after he had been seen to leave without paying for a pair of socks. Goods taken from two shops in High street were found in i his possession.

BURGLARIES ADMITTED Pleading guilty to four charges of burglary, Thomas Sidney Brown, aged 41, a workman, was convicted and remanded in custody to June 7 for sentence.

Detective-Sergeant Wooders i said Brown admitted breaking | into premises at 279 Bealey avenue on March 1. premises at 74 Geraldine street on May 24.1 and two charges concerning i breaking into sheds at Burwood Hospital on February 121 and February 22. He had a I considerable list of previous convictions. DRUG ADDICTS Saying that both offenders were drug addicts, DetectiveSergeant Wooders opposed bail for Robin Paul Slessor, aged 23, and another man. whose name was suppressed. The police believed they were the buyers of drugs from the principal of a drug ring in New Zealand. Both accused were charged with burgling premises at 116 Springfield road on April 28. Slessor was also charged with being a rogue and a vagabond on May 19 and with burglary on February 36. The accused, whose name was suppressed. was charged with possessing opium on May 24. Mr G. R. Lascelles appeared for both accused. They were remanded in custody to June 7. BREAKING AND ENTERING Margaret Mortimer, aged 38. a machinist (Mr M. G. L. Loughnan), pleaded guilty to two charges of breaking and entering and was remanded on bail to June 7 for sentence. She was ordered to report daily to the police. Detective-Sergeant Wooders said Mortimer had entered a house in Hills road and a house in Barbadoes street. Nothing was taken, but she had said she had intended to take any money she could find. OFFENSIVE BEHAVIOUR Pleading guilty to two charges of offensive behaviour on April 9, Paul Francis Cook (Mr R. G. Blunt), was fined £lO on each charge. His driving licence was cancelled for six months. Sergeant B. D. Read said in the late afternoon of April 9 the defendant drove past a girl cyclist in Bealey avenue, pulled in to the side of the road in front of her and called out to her. He did this several times and tried to entice her into the car. He stopped and whistled at least seven times. Cook behaved similarly towards a girl cyclist in Normans road. Mr Blunt said the offence was due to drink. A request for suppression of name was refused. PROBATION “If you get into any more of this sort of trouble you will have to go to prison,” the Magistrate told Barry John Guest, aged 25 (Mr R. G. Blunt), when he appeared for sentence on two charges of theft to a value of £22 10s and £32 10s. Guest was admitted to probation for two years and was ordered to make restitution of £42 10s. LIQUOR CHARGES William Hugh McGregor, a barman at the Papanui Hotel, was fined £2O for supplying liquor to a minor on April 8.

He was convicted and discharged on a similar charge. Patrick Stuart Haydon, aged 48. licensee of the Papanui Hotel, was fined £5 for supplying liquor to a minor on April 8. He was convicted and discharged on a similar charge. A plea of guilty on all charge* was entered by Mr R. E. Wylie. WARRANT ISSUED A warrant was issued for the arrest of Robert Hector Kerr, aged 27. when he failed to appear to answer a charge of using obscene language over a telephone on April 10. UNREGISTERED DOG Pleading guilty by letter to keeping an unregistered dog on April 15, Larry Jasper Salt was fined £l. REMANDS Charged with wilfully setting fire to the Christchurch South Intermediate School, Selwyn street, on May 23. Norman Twentyman Anderson aged 19. and Errol Leith Shields, aged 18 were remanded in custody to June 7. Anderson was also remanded on a charge of sending explosives through the post on April 22. Jointly charged with Anderson and Shields on a charge of burglary on May 23. Mark James Makau Waaka, aged 22. was remanded in custody to June 7. < Ross Murray, aged 36. was remanded on bail to June 14 on a charge of false pretences to the value of £lO on May 17. Charged with committing incest on or about January 14, a man whose name was suppressed. was remanded on bail to June 19 for the taking of depositions. Nola Shirley Alston, aged 36. was remanded o bail to June 14 on a charge of talse pretences at Ashburton on May 28. Martin Aramete, aged 22. William James Henry Heaps, aged 20. and Joshua Paul Dixon, aged 20, were each remanded to June 7. Each appeared on a charge of unlawfully taking a car at Gore, on May 25 and a charge of theft to the value of £3 4s lid at Tinwald and Ashburton on May 28.

Frank Walter Pinchen. aged 46. was remanded on bail to June 7 on a charge of bookmaking on May 25. Dorothy Wilson Port, aged 43. was remanded on bail to June 7 on a charge of theft of £1 on May 25. (Before Mr E. S. J. Crutchley. S.M.) BURGLARY Appearing for sentence on a charge of burglary, Simon Patrick Callanan, aged 21 (Mr G. T. Mahon) was admitted to probation for 18 months, fined £5O and ordered to make restitution of £lB. Mr Mahon said Callanan had been released on probation on May 3 for a similar offence. On this occasion the Magistrate had made it clear it was the last chance he could expect. However the offence for which Callanan now appeared had been committted before the other.

The offence had been a deliberate /me. the Magistrate said. However it was quite clear from the report of the probation officer that Callanan realised the situation he had got himself into.