MAGISTRATE’S COURT “Stricter View” Taken On Provisional Licences

Press, Volume CIII, Issue 30562, 3 October 1964, Page 22

MAGISTRATE’S COURT “Stricter View” Taken On Provisional Licences

“I will aay publicly that my views on provisional licences are getting 'much stricter,” said Mr K. H. J. Headifen, S.M., in the Magistrate’s Court yesterday. He was considering counsel’s request that a 20-year-old labourer, disqualified for one year for dangerous driving, be exempted when driving in the course of his employment at the Aviemore dam site. Owen Michael Anning (Mr J. Rutherford) pleaded not guilty to driving’in a manner which might have been dangerous in Blenheim road, Deans avenue and Hagley avenue, and Tuam and Colombo streets, on August 10. He was convicted and fined £lO, and disqualified from holding a licence for one year. Anning worked at the Aviemore dam site as a scraper driver, said Mr Rutherford. He was living at Otematata, and each day had to drive 12 miles to Aviemore. Frequently he worked during week-ends. The Magistrate granted Anning a provisional licence to drive a bulldozer, scraper, or similar, machine in the course of his employment. He said the defendant should make a separate application, supported by affidavit, to drive from Otematata to Aviemore, but he would not be given permission to drive seven days q week. “My own view is that in my own Court I am proposing to grant provisional licences less and less,” said the Magistrate. Much publicity had been given to the duties of drivers, and drivers such as the defendant showed an absolute disregard for other users of the road. The defendant’s car passed him at 55 to 60 miles an hour in Blenheim road, said Constable K. M. Gallagher. He gave chase in a patrol car and reached 55 miles an hour, but the defendant increased his lead. Anning travelled along Deans avenue at 45 miles an hour, and in Hagley avenue his speed varied between 50 and 55 miles an hour. At the intersection of Hagley avenue and Tuam street he drove through the lights, though they were showing red. Another car on his right was forced to stop. .

In Tuam street he drove at 40 to 45 miles an hour between intersections and at about 30 miles an hour through them. Between intersections in Colombo street his speed was up to 40 miles an hour. Constable Gallagher said that when stopped in Cathedral square Anning explained, “I am just in a hurry to get to the films.” Anning’s speed was grossly excessive, said the Magistrate. “I am satisfied that, taking all the circumstances into account, this type of driving not only might have been dangerous to the public, but in fact was dangerous.” “DISGUSTING OFFENCES” “It is rather regrettable that a person of your age should have let yourself commit what can only be described as disgusting offences,” the Magistrate told Dennis Wayne Alfred Sherlock, aged 27, a plasterer. Sherlock appeared for sentence on three charges of committing an indecent act.

He was placed on probation for 18 months. The defendant had caused unnecessary distress to respectable people, said the Magistrate. If the probation officer's report had not shown that he needed assistance he would have been sent to prison. TWO YEARS’ PROBATION Kenneth Raymond Munro, aged 17, a workman, appeared for sentence on a charge of burglary. He was admitted to probation for two years.

It was the defendant’s first appearance before the Court, said the Magistrate. He was being admitted to probation not through leniency, but in the hope of saving him from going further along the path that led to Borstal and imprisonment. SUSPENDED SENTENCE George Leonard Jury, aged 16 years 11 months, appeared for sentence on a charge of being idle and He was convicted and ordered to come up for sentence if called upon within six months.

“If you don’t like to get a job and keep out of trouble you can expect to return to Borstal,” said the Magistrate. The defendant had good material in him, but with his record he could not afford to get into any trouble. CARELESS USE John Ngarimu Knowles, aged 22, unemployed, pleaded not guilty to carelessly using a motor vehicle in Colombo street on July 23. He was convicted and fined £3. CASE DISMISSED David Samuel McConnell, aged 20, a medical technician (Mr S. G. Erber), pleaded not guilty to carelessly using a motor vehi :le in Hasketts road, Islingtan, on August 2. The case was dismissed. The Magistrate said the prosecution had not established that McConnell was the driver of a car involved in the alleged incident. (Before Mr E. A. Lee, S.M.) FINED AND DISQUALIFIED Arthur Richard Butland was fined £l5 and his driving licence was suspended for three months when he pleaded guilty to four charges resulting from striking a parked van in Merrington crescent on September 5. On a charge of careless use of a motor vehicle Butland was fined £5, on a charge of failing to stop after an accident he was fined £7 and his driving licence was suspended for three months; on a charge of having no driver’s licence he was fined £3, and he was ordered to pay court costs on a charge of failing to ascertain if any person was injured. Sergeant V. F. Townshend said defendant reversed across the road and struck a parked van. He then drove off. He had admitted consuming a “fair amount” of liquor during the afternoon. FIVE CAR ACCIDENT Five cars were involved in an accident between Belfast and Chaneys Corner when Warren Noel Johnston, aged 18, a machine operator (Mr M. J. Glue) ran into the rear of another car in a line of traffic on the Main North road on August 23, Sergeant Townshend said.

Johnston pleaded guilty to

i careless use of a motor vehicle, on which he was fined i £7, and to having no warrant . of fitness on which he was , fined £2. Mr Glue said defendant had glanced in his rear vision mirror at the crucial moment when the car ahead stopped. FOR OBSERVATION A woman whose name was suppressed was remanded to November 2 for observation when she appeared on a charge of behaving in a disorderly manner in a public place. She pleaded not guilty. REMANDED Eunice Marshall, aged 59, a factory hand, was remanded on bail to October 8 on a charge of stealing jewellery valued at 3s 4d from Woolworths Ltd. She was ordered to report daily to the police. TRAFFIC CHARGES On other traffic charges brought by the police offenders were dealt with as follows: Careless use of a motor vehicle: Geoffrey Baker, 17; Arthur Patrick Debenham, £7; Dennis Walter Petrie, £7; John Ernest Dunlop, £6 (failed to stop after accident, £3); Orton Raymond Haddock, £7; William George Butler, £S. Proceeded from stop sign when way not clear: Patrick Charles Carey, £8 and disqualified for three months. Failed to give way to the right: Keith Vernon Ellis, £4: Gilbert Hawick, £8; Douglas Wilfred Duffield, £5: Antony Bertram Lee Pennell, £8; Albert Walter Viney, £8; Trevor William Thompson, £8: Harry James Cummins, costs only. Failed to give way at give-wav sign: James John Olley, £lO anil disqualified for three months Failed to give way when turning: Arthur Walsh Schofield, £lO. No warrant of fitness: Alan David Thomas, £2. Failed to stop in half clear roadway ahead: John Hugh Miller, £5. (Before Messrs H. N. Pyne and R. H. Harris, Justices of the Peace.) COMMITTED FOR TRIAL James Robert William Mawdsley, aged 2«, a carpenter, was committed for trial on a charge of breaking and entering Ballins Industries warehouse, Byron street, on May 30 when the taking of depositions was com pleted. Detective Constable R. G. Henwood said he had approached Ballins’ Byron street bottle store and had seen a lightcoloured car which seemed to have been recently used. The keys were in the car. He immobilised it and kept watch. He had also seen a broken window in Ballins’ bujldlng. Later he had driven the car to the police station and inquiries had shown the car belonged to the defendant. Detective Constable A. F. Leslie said he was one of a police party that had gone to the building. As he stood in the yard someone had called there were men on the toot

Constable Leslie said he climbed to the roof and gave chase. One of the men either fell or jumped from the roof so he set off after' the other. As he searched, the roof collapsed beneath him and he fell through to the warehouse floor. Detective Constable J. A. Moon said he had looked through a window of the bottle store and had seen two men moving cartons. He obtained a quick look at one of the men, who could have been the defendant. Detective Sergeant D. C, Lofley said later that day a person who had given his name as Mawdsley had rung to report that his car had been converted. Daphne Mary Maurice said about 8 a.m; that day Mawdsley had come to her home and asked for her husband, but he was at work. Mawdsley had said he and another man had broken into Baltins and he wanted an alibi, said witness. She had agreed to give Mawdsley an alibi but later had changed her mind. Mawdsley was refused ball.