Supreme Court FOUND GUILTY OF CONVERTING CAR

Press, Volume CIV, Issue 30678, 18 February 1965, Page 9

Supreme Court FOUND GUILTY OF CONVERTING CAR

Makahuri, Butler, aged 22, a waterslder, was found guilty in the Supreme Court yesterday of unlawfully converting a motor-car to his own use on December 31. Mr Justice Macarthur remanded him in custody for sentence on February 24.

Mr N. W. Williamson appeared for the Crown, and Mr J. F. Burn for Butler.

Thomas Beadel, a forestry worker, said that on the night of December 30 he left his rar outside his home in Edgeware road. The ear keys were left in the car, which was not locked. Next morning the car was missing.

Sergeant G. G. Cleland said that on the morning of December 31 he found Butler at the corner of Russley road and Bentley street. Butler was dishevelled, and had no shoes and socks. He was arrested.

Cross-examined, the witness said that at first Butler appeared sensible, but later his condition deteriorated and he seemed confused. He had not thought Butler was under the influence of drink. Evidence of Chase

Detective Constable T. K. Watkins said that about 2.30 a m. on December 31 he saw a car travelling at high speed in Colombo street. He pursued the car till it crashed into a building at Christchurch Airport. Butler then got out of the car. He was facing the patrol car in its lights, and the witness had a good look at him. Butler ran round the building into which the car, had crashed. As he did so he lost a shoe. The witness said that he lost sight of Butler after 400 or 500 yards, and returned to the patrol car and got in touch with Sergeant Cleland. Later, he went to the intersection of Russley road and Bentley street and took Butler to the C. 1.8. office. When Butler was handed his shoe he asked where the other one was. Butler told him he took the car from outside a party which he had attended. and that he did not know whose car it was. Butler said he had been smoking reefer cigarettes, and described where the party had been. He and Butler inspected Bealey and Fitzgerald avenues, but were unable to find the party. Cross-examined, the witness said that during his chase of Butler on fopt at the airport he fired two shots from a pistol. Both shots were fired straight up. He denied that the pistol was issued to him because a number of United States servicemen were in Christchurch that night. Butler appeared tired, but did not seem to have been under the influence of drink. He, too, noticed a deterioration in Butler’s condition. He took Butler to hospital, as he was complaining of pains in the chest and the witness thought he might have been injured in the crash. He was quite satisfied as to Butler's sobriety. Accused’s Evidence Butler said in evidence that he had been drinking for a period on two occasions on December 30 with two American sailors. Later they went to a party. After visiting a pie-cart about midnight he returned to the party, where he was offered a reefer cigarette. After smoking three or four, for which he

paid £6, he wanted to go home. The next thing he knew he was waking up in the police station in a room with two detectives.

Cross-examined, he said that after smoking the cigarettes he was unable to walk, and the last thing he remembered was sitting on a couch at the party. He did not remember taking the car, the chase to Harewood, the pursuit on foot, telling the police where he got the car, or the visit to the hospital. Dr. R. H. Coates said that when he saw Butler at the hospital Butler appeared withdrawn and was not answering questions in a normal manner. He gained virtually no knowledge from Butler as to what had happened. Butler’s symptoms ■ were not inconsistent with his having smoked marijuana. Cross-examined, he said that in his opinion Butler had not been under the influence of drugs. Mr Burn in his final address to the jury contended that Butler was under the influence of drugs to such an extent that he could not know what he was doing. Butler from the first had maintained that stand.