OPPOSED TO PART OF B.M.A. PLAN

Press, Volume CIII, Issue 30390, 14 March 1964, Page 11

OPPOSED TO PART OF B.M.A. PLAN

(N.Z. Press Association) WELLINGTON, March 12. A British Medical Association recomenmdation on assessment of a driver’s intoxication was completely opposed to a well-founded principle of natural justice, the Wellington City Council was told last night. The council refused to support the recommendation. Cr. M. N. Manthel said the traffic committee had considered reccommendations of the B.M.A. committee on assessment of alcoholic intoxication of drivers. The recommendations were The Courts should accept any evidence concerning the proportion of alcohol in the blood of the accused, as ascertained by analysis of a specimen of blood taken with the driver’s consent by a medical practitioner, or

of a specimen of urine or breath provided by him. If proved that the accused refused bo consent to the taking of such a specimen, his refusal may, unless reasonable cause was shown, be regarded as supporting any evidence given on behalf of the prosecution concerning his condition. It was the second recommendation that exception : was taken to. “In connexion with the second recommendation, the ' traffic committee points out that it is a fundamental , principle of British justice that a person is innocent un- ' til he is proved guilty,” said : Cr. Manthel. i “And, as part of this prin- , ciple, no accused person can ; be required to make a state- ’ ment or give evidence unless ■ he so wishes. i “The reccommendation is ■ completely opposed to this well-founded principle of natural justice and, in the opinion of the traffic committee, it should not be supported by the council.” The traffic committee had considered the proposition in the first recommendation to be sound and recommended that it be supported by the council.