MAGISTRATE’S COURT Failed To Give Way To Police Patrol Car

Press, Volume CIV, Issue 30686, 27 February 1965, Page 22

MAGISTRATE’S COURT Failed To Give Way To Police Patrol Car

Alan Roy Coburn, aged 39, an insurance salesman, whose car was involved in a collision with a police patrol car on January 13, appeared in the Magistrate’s Court yesterday on a charge of failing to give way to the right. He was convicted and fined £lO by Mr E. A. Lee, S.M. Mr G. S. Brockett appeared for Coburn, who pleaded not guilty. The driver of the patrol car. Detective Constable A. E. Harris, said that as he entered the intersection of Somerfield and Studholme streets at between 20 and 23 miles an hour he saw a “blue blur”, of an approaching vehicle. He braked, and the collision took place. The patrol car was swung round so that it faced in the opposite direction, while the other, which he considered had been travelling more than 30 miles an hour, veered off and rolled on to its side.

Detective Sergeant E. J. Niven and Constable T. P. Gorman, passengers in the patrol car, gave corroborative evidence. Skid marks of about 30ft were left by the patrol car, up to what he had decided was the point of impact, said Sergeant F. G. Mulcare. No similar marks were made by the other car.

The Magistrate said it had been submitted in defence that the street in which the defendant was travelling (Studholme street), because of trees at the sides and a hedge on his right, presented difficulties which excused him from his obligation to give way. “My view is that such obstructions do not excuse the defendant.” Every motorist had to be on guard against lack of vision on corners.

The other defence raised was the speed of the police car. “The evidence of the three police officers is that the vehicle was travelling something between 20 and 23 miles an hour. It may be that that is a fast enough speed over an intersection, particularly when the driver ought to have been aware that on the left was a high hedge which might present difficulties to drivers.”

He was not prepared to estimate the speed of the patrol car merely from the length of the skid marks, however. If conclusions were to be drawn from road marks and the consequences of the

accident, it could be fairly inferred that Coburn had been travelling at quite some speed and had not seen the police car at all. Even without taking into account these and other matters, it was clear that Coburn failed to give way and had no excuse for doing so, said the Magistrate. STOLE CAMERA David Edward Tololi, aged 29, a storeman (Mr G. H. Stringer), pleaded not guilty to the theft of a camera valued at £2 10s 6d, which was left in a cabin after the Hinemoa berthed at Lyttelton on February 12. He was convicted and ordered to pay witnesses’ expenses of £l5. Tololi said that he travelled by train to Christchurch, but returned again to Lyttelton to collect fruit he had left in his cabin. At the pursues office he heard the camera mentioned, and said it was his. He intended to give it to a man he had seen at the Lyttelton railway station, whom he believed might be the owner. He admitted that he had not previously seen the camera or noticed anyone in his cabin with it. “I am not satisfied with his explanation,” said the Magistrate. TRAFFIC CASES Traffic offenders prosecuted by the police were fined as follows: Careless use: Maurice Brooks, £lO, disqualified for three months; Edward Pearce, £l2, disqualified for three months (no driver’s licence, £5); Roy John Brown, £lO, disqualified for three months: Katherine Joyce Kennedy, £10; William Dutton, £lO, disqualified for six months: Peter Gray, £8; George Clement Frederick Lidgett. £10; David Mason Sharman, £5 (no warrant of fitness, £3); George Edward Small, £7; Andrew Dick Boyce, costs only. Failing to give way to right: Oliver Davidson Petrie, £10; Thomas Bolton Woods, £8; Eric James Samuel Walker, £10; Richard Simon Callahan, £8; Clifford Darnbrough, £8; Kenneth Kennedy, £10; Warren Lyndsay McDonald, £6; Charles Samuel Gribble Spink, £lO, disqualified for three months.

Failing to comply with traffic lights: Francis Leslie Crosbie, £lO, disqualified for 14 days. Failing to give way at sign: William Gerald Overton, £B. Operating noisy vehicle: Wayne Robert Eastwick, £5. Crossing railway at risk of

accident: Ethel Margaret Reid, £5.

Failing to give way at pedestrian crossing: Leonard John Taylor, £5. Exceeding 30 miles an hour: Dennis Bernard Moller, £5 (no safety helmet, costs only, no driver’s licence, £3). Failing to give way when turning: Jessie Ord, £B. REMANDED Patricia Anne Willan, aged 17, was remanded on bail to March 4 on a charge of theft of clothing valued at £6 19s 6d on February 12. Stephan James Bird, aged 24, was remanded on bail to March 11 on a charge of theft of £lO6 on February 3. Ronald John Blair, aged 26, a salesman, was remanded on bail to March 4 on a charge of failing to account for £2OO Ils between August 26 and January 23. Daniel Tinirau, aged 32, a workman, was remanded on bail to March 4 on a charge of assaulting Beverley Tinirau on February 25. (Before Mr E. S. J. Crutchley, S.M.) PROBATION Clive lan Harris, aged 26, a workman (Mr S. G. Erber), was placed on probation for two years and ordered to make restitution of £135 14s lOd when he appeared for sentence on 13 charges of false pretences and one of credit by fraud between September 13 and December 1. He had previously pleaded guilty and been convicted. Mr Erber said the offences were committed more than a year ago and the accused’s actions could now be seen in a more objective light. The accused had been very immature and lived for the pleasures of the moment. The accused wished to make full restitution, and all his actions were consistent with genuine contrition. Mr Erber said. FINED £25 Neville Roy Luxton, aged 22, a painter and paperhanger (Mr R. G. Blunt), was fined £25 and disqualified from driving for six months when he appeared for sentence on a charge of assault on November 26. Mr Blunt said that the offence was one which warranted severe punishment, but Luxton was not of the usual type. He had a good record of hard work and industry for such a young man. The Magistrate said that the accused, with his education and upbringing, should

be able to control himself. “I won’t send you to prison, although you deserve it,” he said.

SUSPENDED SENTENCE William David Chappell, aged 47, unemployed, was ordered to come up for sentence within 12 months if called upon when he appeared for sentence on a charge of being idle and disorderly at Christchurch on February 19. (Before Mr J. D. Kinder, S.M.) DISMISSED

Charges of failing to stop after an accident, failing to ascertain if anyone was injured, and careless driving against Robert Mullally, aged 47, a taxidriver, were dismissed. The defendant pleaded not guilty to all charges through Mr B. A. Barrer. A charge of careless use of a vehicle, against Denis Cundell, aged 19, an apprentice fitter, was also dismissed. Pundell, who pleaded not guilty, was also represented by Mr Barrer.