MAGISTRATE S COURT Driver Under Influence Fined And Disqualified

Press, Volume CIV, Issue 30688, 2 March 1965, Page 10

MAGISTRATE S COURT Driver Under Influence Fined And Disqualified

Colin Edmond Gillard, aged 48, a steward at the R.N.Z.A.F. station. Wigram, was fined £4O by Mr K. H. J. Headifen, S.M., in the Magistrate’s Court yesterday after being convicted of driving under the influence of drink or drugs in Racecourse road on January 8. Gillard was ordered to pay witnesses’ expenses of £4, and his driver’s licence was cancelled for three years.

Gillard pleaded not guilty, and was represented by Mr R. J. De Goldi.

A charge of careless driving, to which Gillard pleaded not guilty, was dismissed. Traffic Officer B. L. Tozer said that at 5.30 p.m. he was driving along Racecourse road near the Main South road when a car approached him straddling the middle line. Then it veered to the left After he stopped the car, he considered Gillard was not fit to drive and took him to the Central Police Station.

Dr. P. B. Maling said that he examined Gillard at 6.30 p.m. and found him unfit to drive.

Leslie Wilkinson, a scientific officer of the Department of Scientific and Industrial Research, said that a specimen of Gillard’s urine contained 370 milligrams of alcohol per 100 millilitres. This was one of the highest percentages in his experience. Outlining the case for the defence, Mr de Goldi said that the symptons which gave the appearance of intoxication were in the main normally present because of Gillard’s health. He submitted that the scientific evidence was not acceptable because part of the sample of urine was not available to the accused for a check analysis. The Magistrate said that two police officers came to the same conclusion as the traffic officer that Gillard was not fit to drive, and Dr. Mating reached the same conclusion. He would treat the urine test as being merely corroborative. The evidence as a whole established the charge. Mr De Goldi said that the accused would lose his job because of the conviction. FINED AND BARRED "It is only because of your age that I am not sending you to prison on this charge," the Magistrate said to Thomas Tamihana, aged 22, an apprentice carpenter, who pleaded guilty to driving under the influence of drink or drugs in Colombo street on February 27. Tamihana was fined £5O and disqualified for three years. Detective Sergeant E. J. Stackhouse said the accused’s rental car struck a road works barrier at ' the corner of Armagh and Colombo streets, and further down Colombo street drove into another car which had stopped for the traffic lights.

PRISON ESCAPER Six months’ imprisonment was imposed on Owen Francis McCauley, aged 23, a workman, on a charge of escaping from Paparua Prison on February 27. He pleaded guilty. The sentence is to be served at the end of McCauley’s present terra of imprisonment. FOR SENTENCE On three charges of obtaining credit by fraud and three of false pretences at Invercargill, Clinton, and Lumsden, between June 5 and 16, Keith Frank Thompson, a driver (Mr G. H. Gebbie), was convicted and remanded on bail to March 8 for sentence. He pleaded guilty. The offences involved the obtaining of board and lodging, clothing, money, a rental car, and a rifle, ammunition, and pack. Restitution of £ll6 18s lOd was sought by the police.

TWO CHARGES Neville Bryce Watson, aged 18, a shoemaker (Mr M. F. Hobbs) pleaded guilty to drinking in a public place while a minor and driving in a dangerous manner on January 23. On the second charge he was fined £lO and disqualified for two years, and on the other he was fined £l.

Detective Sergeant Stackhouse said that when Watson was driving a truck in Pine avenue he failed to negotiate a bend and crashed into a parked car. The truck then smashed six front fences in the avenue before careering across a lawn, Just missing a house, and finally overturning. BOUGHT RADIO FROM MINOR Ronald Hugh Pike Thew, aged 46, a second-hand dealer, charged with acquiring an article from a minor on August 31, 1964, was convicted and fined £5. Thew did not appear. A boy, whose name was suppressed, said he found a transistor radio at the Industries Fair and sold it to Thew for £4, claiming that it belonged to his mother. FIRE DANGER On a charge of lighting a fire so as to constitute a danger on September 16, Patrick Francis Hughes (Mr M. F. Hobbs) was convicted and fined £3. On a charge of lighting a fire within 15ft of a boundary fence on the same date he was convicted and ordered to pay costs. He pleaded guilty. DISCHARGED Two persons whose names were suppressed were discharged under section 42 of the Criminal Justice Act on a charge of being unlawfully on enclosed premises on July 30. Both pleaded guilty.

TOOK CYCLE On a charge of unlawfully taking a cycle valued at £l5 on February 25. George Robert Chase, aged 38. a workman, was convicted and fined £lO and ordered to make restitution of £l5. He pleaded guilty. DISMISSED A charge against William Storey Bland, aged 39, a watersider, of assaulting Joan Mabel Blanche Bland on February 19. was dismissed when the complainant refused to give evidence. AIDED MINOR On a charge of aiding a person under 21 to purchase liquor on January 30, Peter Arona, aged 26. a glass worker, was convicted and fined £B. He pleaded guilty. SIX FINED Six persons were fined as a result of a constable seeing four persons, two of whom were carrying liquor, coming out of the main door of the British Hotel, Lyttelton, at 11.15 p.m. on February 25. Andrew Dick Reid Duncan, manager of the British Hotel, was fined £lO for selling liquor after hours. Sergeant Dowell said Duncan was ill in bed at the time and the liquor was sold by a barman. Guy Mignot, aged 23, and Andrew Dunbar, aged 25, seamen on an overseas ship, were each fined £3 on charges of procuring liquor after hours. Tham Goon Sen. aged 22. a seaman, was fined £3 on a charge of consuming liquor after hours, and Clive Reginald Victor Carstel, aged 19, a seaman, was fined £3 for purchasing liquor when a minor. Brian Dungey, aged 24, a barman, was fined £8 on a charge that being a person other than the licensee, he supplied liquor after hours. MINORS FINED Peter John Collins, aged 17, a farm worker, was fined £7 10s on a charge that, being a minor, he consumed liquor in a public place at the Lady Wigrant Trophy race on January 23. Other minors, charged with drinking liquor in a public place—the Spit. Rockinghorse road, South Brighton—on January 23. were fined as follows: Warwick Edwards, aged 20. an apprentice carpenter, £5; Leslie Cecil Reid, aged 17, a grocer's assistant, and Kenneth Warren Richardson, aged 17. an apprentice carpenter, £7 10s. Adrian Lawrence Sullivan,

aged 17. a workman, was fined £7 10s on a charge of having liquor in his possession In Hagley Park on tanuary 16 when a 'minor. SUWUJD MINORS Frederick Collins Buckley, manager of the Clarendon Hotel, was fined £3 on each charge of supplying liquor to minors on December 14 and March 17. He pleaded guilty. Buckley, who was represented bv Mr R. E. Wylie, pleaded not guilty to a charge of supplying liquor to a minor on March 25. The charge was dismissed. Mr Wylie said that the hotel had some difficulty with underage drinkers because university students drank there. The management sought the assistance of the police to prevent minors drinking in the hotel. As a result these offences had been detected. "Canta," the students’ newspaper, contained a completely irresponsible article criticising the hotel for evicting under-age drinkers. George Campbell, a barman at the Clarendon Hotel, was fined £4 for supplying liquor to a minor on December 14. REMANDED

Robin Francis Shecdy. aged 20, a workman, was remanded on ball to March 8 on a charge of using obscene language at Lyttelton on January 6. Derek Harold Kernahan. aged 40, an accountant, was remanded on ball to April 1 on a charge of theft of £43,856 2s lOd between February 29, 1960, and December 21, 1964.

lan Winston Riley, aged 24, a carpenter, was remanded on ball to March 11 on a charge of driving under the influence of drink or drugs in Clyde road on February 27.

Raymond Daniel Gorrie. aged 58, a workman, was remanded on ball to March 11 on a charge of driving on the Main Norlh road at Chaneys on February 27 under the influence of drink or drugs.

Brian Raymond Steel, aged is. a workman, was remanded in custody to March 4 on a charge of breaking and entering a shop at Pines Beach on February 26 with intent to commit a crime. John Jacob Neilson, a seaman. was remanded on ball to March 4 on a charge of landing in New Zealand without a permit at Napier on or about April 14. On a charge of driving under the Influence of drink or drugs on February 28. Hendrick Nikolaas Aron Jacometti, aged 38, a salesman, was remanded on bail to March 11.

Patrick Kearnc, aged 49. a metal polisher, was remanded on bail to March 4 on a charge of being found on premises without lawful excuse.