Magistrate's Court Former Owners Of Schooner Awarded £556

Press, Volume CII, Issue 30173, 3 July 1963, Page 12

Magistrate's Court Former Owners Of Schooner Awarded £556

Damages of £SM were] awarded by Mr K. H. J. Headifen, SAL, in the Magistrate’* Court yesterday to the former owners of the sdhooner Kotiti for repairs and recovery expenses incurred after the vessel was unlawfully taken from Lyttelton on the night of February 12 last year. The owner* of 'the vessel ait the time. Alan Colin Reginald EMerton, a retired Army officer, and his wife, Phyllis Mary Elderton, claimed general and special damage* of £758 14s M. Mr J. F. Burn appeared for the Plaintiffs The defendants were the three men who were arrested on board the schooner when it was halted by a naval launch off Napier on February 17. They were Robert James Barnett, aged 28, a former marine engineer, Donald James Allen, a leading hand, and Donald Ward Felton, a labourer, Barnett, named as the first defendant, was the only defendant to appear at the hearing. He is ’at present serving a prison sentence for the unlawlul .taking of the schooner. Barnett admitted liability ’for damages, but contested the amount. In his oral judgment yesterday, the Magistrate rejected Barnett’s allegation that the naval party which apprehended the men was negligent in causing damage to the schooner when the launch drew alongside it. “The naval authorities’ actions were no more than necessary to apprehend the men,” the Magistrate said. “A forceful boarding of the schooner was inevitable.” TRAFFIC CASES Traffic offenders prosecuted by the Christchurch City Council were fined as follows: Exceeding 30 miles an hour: Clive Morton Fossey, £5. Overloading vehicle: Grant Carriers, Ltd., £5. Failing to comply with traffic lights: Patrick Albert Shone, £B. No safety chain on trailer: Brian Clark Watson, £1 (no warrant of fitness, convicted and discharged). CHARGE DISMISSED A charge of driving without due care and attention in Ferry road on February 25, against Ivan John Cattermole. aged 36 a driver, was dismissed. Cattermole pleaded not guilty, and was represented by Mr B. A Barrer. (Before Mr A. P. Blair, S.M.) FINED £3 Pleading guilty to being found drunk in Cathedral square on July 1, Arnold Gerald Finlay, aged 44. was convicted and fined £3. He admitted two jconvictions during the previous six months for drunkenness REMANDED On a charge of driving while under the influence of drink or drugs in Shands road, Hornby, on Monday, Leonard Thomas Brennan, aged 37, a builder was remanded on bail until July 8. A charge of failing to stop for a traffic officer was adjourned to July 8. Raymond Joseph Renton was remanded on bail until July 5 on a charge of breach of probation at Dunedin on April 22. TRAFFIC CASES On charges brought by the Christchurch City Council’s traffic department convictions were entered and fines imposed as follows: Exceeding 30 miles an hour Neville Charles Ware, £4; John M. Blake, £10; Hilda Gertrude Ensor, £1; Louis Douglas Hart. ’ £3; David Allan Heatherbell i £4 (no safety helmet 10s. pillion passenger not wearing safety helmet, 10s); Paul Dominic Lindsay, £3; lan James Mcllraith. £8: Janice Fay Woodley, £1 10s; Harold John O’Neill. £4 (failing to stop for traffic officer, convicted and discharged); Margaret Oldfield. £3: Mervyn Gibb Parker, £5: Meme John Parsons, £4; Betty Ann Rose Plummer. £2; James i Willetts Ramsay. £2; James , Douglas Reid, £4; Peter John Salt, £lO and driver's licence cancelled for three months: Brian Martin Smith. £2; Colin Campbell Smith. £4; Geoffrey Barrett Smith. £4: Mervyn William Topp, £4; Josephus Van Arendonk, £4; Augustinus Van de Water, £4; Olwyn Vogan £2; Wendy Elizabeth Waddell £3: Brian Thomas Wakefield £5; James Joseph Whitnall £4; John £4: Gregory James Healey. £5 (nc safety helmet, £2): Stanley Percival Barnett, £4; Bryar George Armstrong, £10: Panting offences: John Grant £1; Gerard Vincent O’Neill. £2: Leonard H. Williams. £1; Victor Williams, £2: Raymond Jennings Coates £2; lan Georgt Rutledge. £1; Cyril O’Neill. £2 George Frederick Lindstrom £1; Gordon F. P. Smith. £2 Mariana Sarah Kirner, £1: Lorraine Margaret Chamberla.n '£l; Reginald J Dorthwaite. £1 Arthur David Pitrie. £3; Thoma: I Hill Trewern, £1; Edwarc Thomas Collins £2; Rana Van< Robertson £2 (no driver’s lie'ence, £3); David Vemor Spicer. £4; Walter Edwarc Parker. £1; Max Williams £1 i No warrant of fitness: Michael John Uster, two charges costs (parking offence, costs) James Anthony Norris. £2 ißruce Desmond Boon, £1 (operating unlicensed vehicle £1) Ronald Charles Jemmett. £4 Daniel James Morel £2; Barn Raymond Smart. £5: Leste

James Swaastoa, £3: James William Toohey, £3; Arthur Murdock Mclvor. £3 (parking offence, £1). _ No heavy-traffic licence: G. McClatchie and Company. Ltd., £1; Zenith Seeds (Chrtatrtiurch). Ltd., two charges, £2 and £3; Joseph Nicholas Vuleta. £2: Sydney Digby Smith, £2. Driving without due care and attention: Trevor Edward Sheehan. £7, and driver's licence cancelled for three months (no warrant of fitness, £2); Paul William Buist, £7. Exceeding temporary speed limit: David Samuel King. £3; John Stuart Dewar Henderson. Failing to stop at compulsory stop sign: John Ross Elder. £3; Peter John Watt. £S. Falling to stop for pedestrian at pedestrian crowing: Francis Herbert Engelbrecht £7. Permitting unlicensed driver to drive: Malcolm Alfred Jacobs £B. Failing to supply information: Helena Grace Mitchell, £5. Driving without reasonable consideration: Bronislaw HudFailing to comply with traffic lights: Eric Frank Hamburger. £8; James Henry Nicolson, £B. No front light on cycle: Richard Pearson, costa; Tony Perreau, £2. Operating vehicle dangerously loaded: Raymond Frederick Thompson £l9. Falling to produce driver's licence: CoUn David Phillips. £3. No driver’s licence: Kenneth Colin Bullen. £B. (Before Mr E. S. J. Crutchley. S.M.) CHARGE DISMISSED A charge against David lan WiUiam Craw, aged 24., a spare-parts manager, of driving without due care and attention at Moncks Bay, Sumner, on January 31, was dismissed. The charge was brought by the police. The defendant was originally charged with driving in a manner which might have been dangerous, but the Magistrate substituted the lesser charge after evidence had been heard. The defendant, who pleaded not guilty to the dangerous driving charge, also denied the amended charge. The Magistrate dismissed the charge after further submissions by defence counsel (Mr R. B. Shand). TRAFFIC CHARGES The following were convicted and fined on charges brought by the traffic- department of the Christchurch City Council Exceeding 30 miles an hour: Harry Thomas Squire, £4. Clement James Rex Benny. £2. Patrick Wallace Blrt, £4; Isabella Britten, £4; Barry Chapman, £4; Thomas David Curtis Chilvers, £4; Leslie Victor Crothers. £2; Guy Daigenault. £4; Dennis Murray Drinkwater £4: Gary Eric Eden, £5 (no safety helmet, £2; pillion passenger not wearing safety helmet. £5); John Peter Fluitsma £4 10s; Douglas John Griffiths. £1 10s; Arthur James Harbrow, £4; Raymond W. Haughey, £2; Graham John Heath. £2; Warren James Henderson, £2; Wahren Hensley. £5; Ramon F. Hooper. £2: Robert Jackson Hughes. £7 (failing to stop for traffic officer. £5): Peter Hughey. £3; Mer-

vyn Lewis Jerard. £4; Lyndsay Alfred Johnson, £4: Merton B. Leslie, £5; Janice Lisle, £5. David John McNeish, £5; Ronald William McPhail, £4; Reginald John Mansell. £2: Albert Neale Mason, £4; Diana Russell Monroe, £1; Robert Terrance Moriarty. £l. Failing to stop at compulsory stop sign: Tony Clifford Clutterbuck. £1: Lawrence Holland. £1; Errol William Hood. £3; Anthony Meikle. £2. Driving without due care and attention; Ronald Bateman. £l5. and driver’s licence cancelled for three months (Insufficient lights. £5); Robert Charles Muschamp, £7. Failing to stop for pedestrian on pedestrian crossing: Gavlr Franklin Bridgman, £B, and driver's licence cancelled for two months. Parking offences: John Joseph Biggs, £2; Aubrey John Downing. £3; Richard Anthony Lee. £2: Albert Ernest Lyttle, £2; Brian A. Murray, £l. Driving without reasonable consideration: Edward John Line, £7. Operating unsafe vehicle Vincent John Wright, £lO. Failing to comply with traffic lights: Reginald Martin Fault*. £5. No warrant of fitness: Jack Cann. £3; Paul Ewing, £3. Failing to give way: Albert Duncan, £5. i CIVIL CASES (Before Mr E. S. J. Crutchley. S.M.) JUDGMENT SUMMONSES 1 The following orders were made on judgment summonses: ■ D J. Macdonald, publisher's ' representative. Claxton place. : to pav Mountain Equipment, : Ltd., £2O, in default 21 days’ . imprisonment, warrant sus- . pended while £1 a week is paid; J. Soper, workman. Clearbrook street, to pay Christo- . pher Bede Studios. Ltd., £3 8s ; 8d (three days or £1 a week); . C. R. Cooksley. engineer. Pages , road, to pay S. G. Frost and Son Ltd.. £Bl Ito 4d (84 days or £1 a week); Trevor Allan ■’ Grant, fettler. Gloucester street to pav Hay’s. Ltd., £23 5s lid (25 days or £1 a week): Dels Merideth. Mooray avenue, to ; pay Hillview Stores £l3 2s 6d I (14 days or £1 • week); G. M > J. O'Loughlin. Tedder street. . to pav New Brighton Cash Tim--1 bers. Ltd., £77 16s 3d (80 days): I C. L. Morrison, painter. Hawke street, to pay J. Ogden £4 7» . 8d (four days); W Craven oainter. Armagh street, to pay ■ Hi Fi House (N.Z.). Ltd.. £lB : Ils lid (20 days or £1 a week): . M. Green, electrician, Claridges ; road, to pay Hi Fi House (N Z.) : Ltd . £3B 13s (tO day* or £1 8 i week) r L. L. McCammon, worker

(tour days); L. A. Gallagher, worker. Simeon quay, to pay the Lyttelton Borough Council £3O 7s lid (23 days or £1 s week); D. G. T. Beaumont, labourer. Breezes rosd, to pay Bisbop and Company, Ltd.. £lB 13s 3d (18 days or £1 • week); Hugh Richard Roberts, labourer. King street, to pay Cyclone Cycle* £33 I* M (33 days or 10s a week); S Blackbum. labourer, lantern street, to pay Amur! Progress Stores. Ltd., £8 18s 3d (10 day* or £1 * week): M. R. Cherry, married woman. Vancouver crescent, to pay the Drapery and General Importing Company. Ltd., £47 12s 9d (30 days or £1 10s a week); A. Crook, married woman. Camden street, to pay Andrew Lees (N.Z.), Ltd., £4O Ils 4d (30 days or 10s a week); 8.. L. WMtttegton, labourer. Pembroke street, to pay H. A. s. Cook. Ltd.. £3 Ito 3d (four days); D. L. Walters, plasterer. Brockenhurst street, to pay Andy's Dairy £5 16s 3d (six Murdoch.* labourer. Hereford Street, to’pay Farrig Waimak, Ltd,, £lO IBs 3d (» day* or £1 a week); E. E. Rankin, married woman, Melrose rtreet, to pay Fletcher Humphries and Company. Ltd.. £1? to 3d (18 days or lOe a week); H. Wilson, labourer. Rowcliffe crescent, to pay Adams, Ltd., £0 4s 3d (seven days or £1 a week); Hay ton George William*, drainlayer. Worcester street, to pay Ernest Frederick Bearman £B2 3* 8d (84 days or £3 a week); W. A. Smith, storekeeper, Dunedin street, to pay L. D. Tretheway £lO 10s (12 days or £1 a week); T. Wearne. taxi driver, Pembroke street, to pay Hoon Hay Garage £42 10s 8d (44 day* or £1 a week). L. Shaw, factory worker. Morrison avenue, to pay S. L. Hamblin £35 15s (37 days or £3 a week); Maurice James Costello. optician's assistant. BecJcenham street, to pay William Reginald Hallett £3 8s 4d (three dys); R. E. Williams, contractor, Riley crescent. to pay James Baird 15s (one day); J. S. Dawson, shop saslstant. Carlton Mill road, to pay J E. Thomas’s, Ltd.. IE 10 6s Id (11 days or £1 a week); R. L. Meiklejohn, Riccarton road, to pay the Rangiora Borough Council £l3 0s 7d (14 days or £1 a week); D. Morris, workman, Ensors road, to pay the Caxton Publishing Company. Ltd.. £22 4s (24 days or £1 a week). R S. Trowbridge, workman. Bower avenue, to pay the New Zealand Educational Foundation (Northern). Ltd., £7 10s (eight days or £1 a week); P. A Wrigtit, scrap merchant. Bridge street, to pay Colin Peter Campbell £9 5s 3d (10 days or £1 a week); James Lewis Letham, Bumham Military Camp, to pay J. Rattray and Son. Ltd.. £44 15s 4d (46 days or £4 a fortnight); N. E White, married woman. Sandyford street, to pay Empire Express Company. Ltd., £3 3s 3d (three days or tOs a week); Ivy Evelyn Plrlka, housekeeper, to pay Hay's. Ltd.. £l4 Ils 6d (16 days or 10* a week) POSSESSION ORDER Pauline Margaret Park, housewife, was ordered to give up possession of a house at 38 lampshire street, Wsiooni. to the State Advances Corporation of New Zealand, and to pay arrears of rent and cost* amounting to £7O 15s Dd.