Accepted Conviction “Out Of Loyalty”

Press, Volume CVI, Issue 31113, 16 July 1966, Page 1

Accepted Conviction “Out Of Loyalty”

(New Zealand Press Association) INVERCARGILL, July 14. A 23-year-old shearer had been sentenced to a month’s gaol for offences his brother allegedly committed, Mr W. M. Willis, S.M., was told today.

Charges of careless driving, driving while disqualified and having no warrant of fitness were dismissed by the Magistrate after Gable Watene had told him he had taken the blame for offences committed by his brother “out of loyalty.”

The Court was told that a person calling himself Gable Watene was convicted on a charge of careless driving, and having no warrant of fitness in the Magistrate’s Court at Invercargill on May 25. Watene’s driving licence was suspended. The charges were brought by Traffic Officer H. W. Campbell, and the summonses had been delivered to “Gable Watene” at a Tweed street, Invercargill, address. A receipt signed “G. Watene” was received together with notice indicating that a plea of guilty would be entered to the charges. “I am innocent of the charges,” Watene told Mr Willis today. “I didn't receive the summons. Nor did I sign the registered receipts advising a plea of guilty would be entered. I wasn’t aware any charges had been made. “Some time after May 25, I was told by my brother, Jack Watene, that a Winton constable had told him I was required to deliver my

driver’s licence and to pay a fine. “I spoke to my young brother, Terry Watene, and he told me it was he who had committed the offences, using my driver’s licence. The address to which the summons had been delivered was where Terry was living. "On June 24, the constable saw me driving in Winton, and I was subsequently served with a summons for driving while disqualified to appear in Court on July 13. “I appeared in Court, admitted the charges and was sentenced to a month in gaol and the period of disqualification was extended.

“In pleading guilty to driving while disqualified, I was motivated by the desire to protect my brother, Terry. “I didn’t take legal advice and I wasn’t represented on July 13. My wife and my brother were at the hearing and engaged a solicitor to act on my behalf. “I now feel my loyalty to

my brother has been misplaced,” Watene said. He had asked for a rehearing through his counsel, Mr C. T. Young. Traffic Officer I. C. Dobbin appeared for the Transport Department. Dismissing the charges, the Magistrate said: “Of all the extraordinary stories I’ve heard, this is the most amazing. Why didn’t you speak up? Brother love is one thing, but this is just being foolish.”