MAGISTRATE’S COURT Truck-Driver Fined £20 For Careless Use

Press, Volume CVI, Issue 31248, 21 December 1966, Page 17

MAGISTRATE’S COURT Truck-Driver Fined £20 For Careless Use

Myles Stephen Elliott, aged 33, a truck driver, was fined £2O by Mr P. L. Molineaux, S.M., in the Magistrate’s Court yesterday on a charge of careless use of a motor vehicle at the comer of Ferry road and Fitzgerald avenue on June 15. He pleaded not guilty and was represented by Mr P. G. S. Penlington. Rex Gordon Wilson, a car salesman, said that at 4.45 p.m., while he was talking on the telephone he heard the sound of a vehicle approaching the intersection. Wilson said he could see from where he was standing that the truck was straddling the white line between the two lanes on the side of the road the truck was travelling on.

A cyclist was travelling in the same direction as the truck with another group of cyclists. The truck overtook the lone cyclist and moved to the right and then cut the lone cyclist off as it turned left into Fitzgerald avenue. The truck seemed to give the cyclist a glancing knock and the cyclist fell off. As he tried to get to his feet he was run over by the front and rear wheels of the trailer portion of the truck. Wilson said that he did not see the truck-driver make any indication of his left turn. He then telephoned the police and an ambulance and went to the scene of the accident where he saw the driver of the truck, whom he recognised as the defendant.

When the prosecutor, De-tective-Sergeant D. Porteous, had concluded his case, Mr Penlington submitted that the accident did not necessarily prove there had been carelessness. The key issue of the case was whether the truck did pass the cyclist without observing him. Mr Penlington said that the defence was that the cyclist had moved up on the inside of the defendant which was against regulations. The defendant said that he drove down the left lane and when the lights turned green he was approaching the corner. He engaged a lower gear and proceeded to turn left. He said that he had a clear road.

His passenger, Eric Clifford Williams, suddenly told him to “hold it” because he heard a bump. The passenger then saw a bicycle on the ground and witness stopped the truck. He said that the truck had no indicator. The Magistrate said that he found that the defendant did swing out to make his turn. He found that a reasonably prudent driver would make some signal if turning left The defendant was careless in not giving any signal. The boy’s injuries were caused by the defendant failing to signal.

(Before Mr K. H. J. Headifen,

S.M.) STOLE RING

Suzanne Doris Coley, aged 19, unemployed, was fined £lO for stealing an opal ring valued at £2O from Hillary Harvey. She pleaded guilty.

Sergeant V. F. Townshend said that the ring disappeared from the complainant’s room in an Auckland private hotel between October 28 and October 30. Coley was employed as a housemaid at the hotel. She told the police she found the ring under the bed, and took it because “it was pretty.” She was wearing the ring when apprehended. ASSAULTED WOMAN

Jim Zoltan Somlay pleaded guilty to a charge of assaulting Dawn Theresa Culley on December 19. He was fined £lO.

GIVEN AN ELECTION The Magistrate set aside a conviction entered last week against Trevor Mapu Hema, aged 24, a prison inmate (Mr R. L. Kerr), after Hema had pleaded guilty to a charge that on June 10 in Hazeldean road he drove while disqualified. He also set aside the sentence of six months’ imprisonment which had also been imposed on Hema in respect of that charge. That sentence was ordered to be cumulative on a sentence Hema is serving for other offences.

The Magistrate said that under the recent amendment to the Transport Act persons on their second and subsequent convictions of offences of driving while disqualified were entitled to a right of trial by jury as the offence now carried with it a maximum term of six months’ imprisonment The Magistrate said he would set aside both conviction and sentence as Hema had not been given an election on his right of trial by jury.

The Magistrate then read the charge against Hema of driving while disqualified and put the election to Hema. Hema elected summary jurisdiction in the Magistrate’s Court and pleaded guilty to the offence.

He was then remanded till December 22 for a probation officer’s report and sentence. SUSPENDED SENTENCE Allan Burford Bishop, aged 54, a coal-yard worker, was convicted and ordered to come up for sentence within 12 months if called on when he appeared for sentence on a charge that on December 5 he stole a ring valued at £75, the property of Eileen May Mcllwraith. H,e was also ordered to make restitution of £4 10s.

The Magistrate said the matter was summed up in Bishop’s remark to the probation officer, “I’ve made a bit of a mug of myself for the -sake of £4 10s which I could have done without.”

The Magistrate said he took the view that Bishop had found the ring in the street and sold it

DISQUALIFIED

David John Archbold, aged 18, a spray painter, (Mr H. J. B. Quigley) was convicted, fined £3O and disqualified from driving for 18 months when he appeared for sentence on a charge of driving while disqualified in Tuam street on November 27.

The Magistrate told Archbold that what concerned him was the fact that Archbold had appeared on seven traffic offences this year. “Clearly you’re not the type of person who should be allowed on the roads. “I will have no alternative if you appear again but to send you to borstal,” he said. DISQUAUFED DRIVER

Alfred Edward Billing, aged 36, a bricklayer, was fined £2O and disqualified from driving for a further year when he pleaded guilty to a charge of driving while disqualified on Cranford street on November 22. He was represented by Mr A. P. C. Tipping.

He pleaded guilty to two further charges of failing to produce a driver’s licence with the required endorsements and failing to display an “L” sign and was fined £5 on each charge.

Mr Tipping said Billings had been called out to mend a chimney and was driving the car outside the time limit of his partial exemption granted against his disqualification when the offence occurred.

REMANDED Kevin McKenzie Wealleam, aged 18, a labourer (Mr M. J. Glue), was convicted and remanded on bail to December 20 when he pleaded guilty to a charge of driving while disqualified in Kerrs road and Pages road on December 20.

OTHER TRAFFIC CHARGES In other prosecutions brought by the Christchurch City Council traffic department, convictions were entered and fines imposed J® fellows, with court costs of £1 10s on each charge: Exceeded 30 miles an hour: Thomas Wilfred Worrall, £lO- - Willem van Heusden’ £5; Brian Roger James, £5; Christopher James Winter, £4; Thirza Mane Allan, £6; Ronald Lindsay Barrow, £6; David Beattie, £5; Louis Thomas Beecroft, £5 (no warrant of fitness, £3); Gregor William John Cartmell, £8; Kenneth Chamberlain, £3; Reginald Henry Francis Coles, £6; Gordon Allan Combe, £5; Kenneth Ivan Finlayson, £8; Gordon Francis Fletcher, £5: Graham John Fright, £8; Andrick Cornelius Glintmeyer, £6; Stafford Godfrey Hamilton, £5; Peter James Kavanagh, £5; Graham Neville Langham, £5; Victor John Leech, £4; Graham Victor Lintern, £4 (no safety helmet, £4); Stephen Patrick Longley, £l2; Gregory Alan Marshall, £7; Donald Robert Muir, £5; Brian Pearson, £6; Graeme Donald Peters, £7; Robin Patrick Reid, £5; John Martin Robinson, £7 (no safety helmet, £3); Laurence Harrold Robinson. £6; Lorna May Symonds, £6. Failed to comply with traffic lights: David Nihoniho, £8; Alfred Francis Tito, £8; Garry Raymond Benson, £5, disqualified for three months; Selwyn Keith Smith, £B, disqualified from driving for one month. Careless use: Roger Calvert Barrowclough, £8; Patrick Wentworth Venning, £8; Joseph Tobias Slattery, £8: Jan Visser, £B. Failed to keep left: Allan David Murdoch, £lO, and ordered to attend traffic lectures: John Grant Gordon, £8; Jeffrey Phillip Bastion, £B.

Failed to give way: Herman Maarten Philip Manger, £B. Parking offences: Max Sydney Crawford, £5: James Harbidge, £3; Andrew Francis Hobbs, £2; Haydon Noel Moore, £2; Janice Anne Poore, £3; Peter Michael Redstone, £2; Gordon Robert Watt, £2.

Failed to give way to right: James Henry Sellars, £6: Jean Davis, £8; Raymond Richard Heenan, £B.

Failed to stop at compulsory stop sign: lan Victor Irving Bonner, £6: Charles Broadhurst, £6;‘ Jillian Leigh Gallagher. £6; Ivan Lawrence Hatherly, £7: Allan Rex Jellyman, £7; Joseph Tita Loffley. £8: George Murray Movie, £5: Jack Penny. £7; Flora Eliza Tweedie, £6: Edward Hamilton Berri Twort, £7.

No rear red light on goods service vehicle: Bramwell Scaffolding Ltd., £6: Edgar Darrel Murndell. £8 (unlicensed motor vehicle, £4): Neville Alexander Morrison, £10; Trevor Errol Hanley, £lO.

No safety chain: William Harold Byrnes. £3; Eric William Arnold Sutherland, £2.

Failed to carry heavy traffic licence: Combined Co-Operative Distributors Ltd., £5; Graeme Frederick Emms, £5. Insufficient lights: Anthony Philip Dense, £B.

No driver’s licence: Peter Furze. £5.

Unlicensed motor vehicle: Robyn Leonard Munt, two charges, £5 on each (no warrant of fitness. £10); Robin Greig McCammon. £4 (no warrant of fitness, £4).

Overloaded heavy traffic licence: Port Carriers Ltd., £6 (overloaded rear axle, £6).

No warrant of fitness: Eric Gordon Risdon, £3: Stephen John Thin, £6 on three charges: (drove without reasonable consideration £5, disqualified from driving for two months). Unlicensed motor vehicle: Douglas Walter Uren, £lO (used a vehicle liable to cause injury, £5, failed to produce driver’s licence, £5). Failed to appear as a witness: Alfred Henry Harris, £5. CIVIL CASES (Before Mr E. S. J. Crutchley, S.M.). JUDGMENT SUMMONSES The following orders were made on judgment summonses:

Basil H. Wilkinson. clerk. Bishop street, to pay Cliff Bond. Ltd. £6 18s, in default eight days’ imprisonment, warrant to be suspended while £1 a week is paid; G. L. Pearce, Bristol street, to pay D. V. Syme £22 15s (28 days or £1 a week): Steve Gasca!, plasterer, Hereford street, to pay Vibrapac Blocks Ltd. £2 15s 3d (four days). D. King, waitress, Heywood terrace, to pay J. H. Power £37 (30 days or 15s a week); M. M. Borton, married woman, Dick, son crescent, to pay Dillons the Kowhai Florists, Ltd. £3 Ife (four days or 5s a week); E. Schaadt, labourer, Hoon Hay road, to pay Matthew Park. Ltd. £36 7s 6d (33 days or £1 a week). R. Patrick, worker, Blake street, to pay T. O. A. Johnson. £37 Us 8d (40 days or £1 a week); E. C. Still, trading as Bottle and Still, No. 4 R.D.. Springston. to pay Vibrapac Blocks, Ltd. £259 9s lOd (90 days or £1 a week);* R. Kerr, labourer, Bournemouth crescent, to pay New Brighton Florists £4 10s (six days er £1 a week). Sadie Jane McQuoid. married woman, Acheqju avenue, to pay Weston Ward Lascelles £l7 5s (19 days or 10s a week); K. Adamson, commercial agent.

Charlcott street, to pay J. M. Bate £253 10s Id (90 days or 5s a week), and Bruce Warren, Ltd. £76 12s 9d (81 days or 5s a week).

Robert Kilpatrick, carpenter. Hands road, to pay Butler Timber Company £l2 18s Id (15 days or £1 a week); R. Pateman, married woman, Dunedin street, to pay D.I.C. Ltd. £l4 14s 3d (16 days or 10s a week); W. Howie, workman. Hollyford avenue, to pay Vance Vivian, Ltd. £l6 9s 8d (18 days or £3 a week). E. W. Renner, workman, Burnham, to pay Integrity Feeds, Ltd. £lO5 12s 3d (90 days or £5 a week); John Vincent Clifford, company manager, Bells Arcade, Cashel street, to pay A. R. Guthrey Travel and Shipping Ltd. £4l Is (44 days or £1 a week). Brian D. Andrews, panel beater, Kaiwara street, to pay Fletcher Steel and Engineering Company, Ltd., £3 10s (five days); J. Davis, married woman, Vancouver crescent, to pay Dillons the Kowhai Florists, Ltd., £3 17s 6d (five days); E. B. Box, married woman, Mundys road, to pay Dillons, the Kowhai Florists, Ltd.. £1 10s (three days). J. Ashton, labourer, care of J. Ballantyne and Company, Ltd., to pay A. Cox and Son, £5 (six days); Jeff Bond, labourer, Jocelyn street, to pay A. Cox and Son £4 10s (six days); C. E. Dungey, labourer, British Hotel, Lyttelton, to pay C. F. Cotter, Ltd., £5 17s 6d (seven days or £1 a week).

B. J. Thomas, married woman, Imperial Hotel, to pay Falconers Shoe Stores, £7 12s Id (nine days or £1 a week); Mervyn Gibson, labourer, Basingstoke street, to pay Glentunnel Service Store, Ltd., £8 17s 3d (10 days or £1 a week); A. P. Jackson, labourer, Angus street, to pay J. F. Curtis, £8 12s 8d (10 days or £1 a week).

Walter S. Craven, painter, Armagh street, to pay Home and Property Maintenance, Ltd., £79 Ils lOd (82 days or £1 a week); R. A. Hall, panel beater, Fitzgerald avenue, to,pay E. G. McDonald, Ltd., £4 15s (six days); P. N. Glasson, workman, Rose street, to pay E. G. McDonald, Ltd., £6 6s 6d (seven days or £1 a week).

K. Metuatina, driver, Ealing street, to pay Ivor Glasgow Haig £9 (10 days or £1 a week); R. Walker, workman, Cashel street, to pay Calder Mackay Company, Ltd., £5 (six days); W. T. Jackson, retired. Domain terrace, to pay Noble’s Drapery, Ltd., £5 4s 6d (six days). J. Morgan, watersider, Pauline street, to pay Cashmere TV, Ltd., £24 9s 2d (27 days or £1 a week); G. Harwo’od, worker, Collins road, Springston, to pay Middleton Timber Company, Ltd., £l6 6s 9d (18 days or £1 a week); E. T. Wilson, workman, Glentunnel, to pay Gluyas Motors, Ltd., £9 8s Id (10 days or £1 a week).

B. R. Whiteside, labourer, Buchanans road, to pay World Record Club (New Zealand), Ltd.. £6 6s (seven days or £1 a week); J. P. Maxwell, Petrie street, to pay Lex Theyers £37 15s (42 days or £1 a week); W. Hemi, driver. Nursery road, to pay Peter Jackson Motor Service, Ltd., £3l 5s (34 days or £3 a week).

J. Weke, soldier, Burnham Military Camp, to pay H. G. Burt £9 7s 6d (10 days or £1 a week); Patrick Desmond Fox, air frame mechanic, Chatham street, to pay Esther Fox £l3l (90 days or £1 a week).