MAGISTRATE’S COURT Truck Hit Stationary Car; Driver Fined, Disqualified

Press, Volume CVI, Issue 31319, 15 March 1967, Page 8

MAGISTRATE’S COURT Truck Hit Stationary Car; Driver Fined, Disqualified

When a truck driven by Stewart Newall Burns reversed suddenly on January 5, a girder on the tray scraped the bonnet of his car, Maxwell William Fry told Mr E. A. Lee, S.M., in the Magistrate’s Court yesterday. Bums twice became abusive when witness stopped him to ask his name and address, and when witness stopped in Moorhouse avenue at the intersection of Montreal street, on his way to Burns’s employer, his car was struck in the rear by Bums’s truck and sent 98 feet into the intersection.

The left rear door was thrown out of alignment, the chassis twisted, the fin crumpled, the front seat uprooted, and witness himself was thrown into the back of the car. Bums claimed that when he saw that Fry’s car had not moved off after the lights changed, he attempted to stop and was moving at only 10 miles an hour when the collision occurred.

Burns did not appear on a charge of careless driving. He was fined £l5 and disqualified from driving for 12 months. CASE ADJOURNED

The hearing of a charge against Terrence Patrick McDonald, of driving in Cranford street on December 11 while he was disqualified, was adjourned to await the stating of the case and a decision in the Supreme Court. Counsel for McDonald, Mr M. G. L. Loughnan, contended that it should be necessary to show mens rea for a conviction on this charge. McDonald, a driver, aged 20, said he did not know he had been disqualified at the time of the alleged offence. He pleaded guilty to a charge of exceeding 30 miles an hour.

. TRAFFIC CASES In other traffic prosecutions brought by the City Council traffic department, convictions were entered and fines imposed a« follows (Court costs £1 10s extra on each charge):— Careless use of a motorvehicle: Gerald Edward Harper, £l2 and ordered to attend traffic lectures; Margaret Patricia Wayman, £5. Exceeding 30 miles an hour: lan Courtney Pratt, £4 and ordered to attend traffic lectures (no safety helmet, £2); Garry Paul Wakefield, £5 and ordered to attend traffic lectures; Russell James Brown, £2; Wallace Frederick Hallaway, £3: David Warwick Armstrong, £4 and ordered to attend traffic lectures; David Maurice Ashby, £6; Colin Adrian Bell. £4; William Alfred Bell, £4; Warren Michael Benson, £4 (no warrant of fitness, £2); Raymond John Tolhurst, £5; Benjamin David St. John, £4 (no warrant of fitness, £1); lan Gerald Reidy, £5; David James Tyson, £4 and ordered to attend traffic lectures; Dennis Winston Churchill, £4; Brian John Clay, £3; Edward Coffin, £5; Paul Aloysius Costelloe. £4; Neil Edward Eldridge, £4; Keith John Girvan, £4 and ordered to attend traffic lectures; Barry Robert Hall, £4: Doris Myrtle Head, £2; Murray John Higinbottom, £4; Allan Rex Jellyman, £6 and ordered to attend traffic lectures; Dorothy Johnson, £2; Robert Arthur Kearney, £4 and ordered to attend traffic lectures; Francis George Laming, £6; Colin John Lawler, £4; Irene Margaret Lemon, £4; Horace McDonald. £5; Malcom Ralph Melhopt, £5; Harold Alexander Mora, £4; Douglas Patrick Newall, £4; Brian Robert Phillips, £4; Nolan James Pierie, £5; Allan Garrack Reid, £4; Raymond lan Robbie, £3; Roderick Ewan Satherly, £4; Warren Michael Saunders, £6 and disqualified from driving for three months; Roger Michael Soulsby, £4; John William Trim. £4 and ordered to attend a course of lectures: David Leslie Tuer, £4; Caroline Diana Ward, £2; Frederick Harold Wells, £4; Denis Egbert Willis, £4; Helen Felicity Wilson, £5; John Robert Wilson. £6.

Failing to give way to the right: James Henry Dawson, £8; David lan Gifford, £10; Tereina Roretana Williams, £8 (no driver’s licence, £5). Failing to give way when turning: William Osborne Blyth. £5. Failing to stop at a compulsory stop: Colin Victor Barnden, £5; Alice May Field, £6: Hugh William McGregor, £5 and disqualified from driving for three months; Barbara Aline Bond, £6: Richard Michael Broadfoot, £6: Larry McKay, £6; Peter John Phillips, £6.

Failing to give way at a give way sign: Bryan Phillip Suckling, £lO. Failing to comply with traffic lights: lan Hamilton Campbell, £10; Ronald Arthur Bert, £10; John Clifford Nicholas, £5; Olive Lillian Robinson, £4. Carrying passenger on powercycle: Wayne Clifford Pool, £3. No safety chain: Robert Ralph Dynes, £5; David Roderick Hinden, £5; William Henry Smith. £5. Noisy vehicle: Gavin John Bailey, £6, and disqualified from driving for six months. Insecure load: Roderick lan Barry, £lO. Insufficient lights: Paul Ronald Tozer, £5.

Overloading heavy traffic licence: C. E. Gw'atkin and Company, Ltd., £3; Douglas Arthur Mott. £3. Failing to carry heavy traffic licence: Dailey’s Fruit, Grain and Produce, Ltd., £l. No heavy traffic licence: Owen Stopforth, Ltd., £2 (overloading, £1): Stuart Willetts, £3. No warrant of fitness: Geoffrey Charles Wells, £1; Gerrit Bom, £5; Brian Henry Fairless, £2; Steven Harbott, £3; Brian Robert Olin, £3 (failed to dis£lay “L” label, £3); Ashley awrence Webb, £3. Unlicensed motor vehicle: Denis Charles Mullany, £3; Colleen Doyle, £3. No driver’s licence: John Colin Butler, £5: Bruce Albert Hopping, £2 (carried passenger on power-cycle, £2): Colin John McDonald, £5; Robert James White, £3 (carried passenger on power-cycle, £2). No certificate of fitness: Muir Noel Gold, £10; Roy Lovell Taylor, £5.

Failing to carry certificate of fitness: Modern Insulation, Ltd.,' £3. No rear red light on a goods service vehicle parked by night: Robin Francis Green, £10; Leonard Ross Hore, £lO. Failing to display “L” label: Stephen Patrick Longley, £5 and disqualified from driving for six months. Parking offences: Grahame Boyd, £1; Roslyn Joan Cannon, £3; Samuel Lewis Cranfield, £3; Anthony Joseph Cronin, £3; Leo George Devine, £1; William Lovatt Glendenning, £1; Trevor Grimes, £3: Michael Joseph Guy, £3; Cecil Naylor Hall, £3; Colin Richard Hazeldine, £1: Andrew Francis Hobbs, £1; Robert Leonard Hunt, £1; Graeme Albert Hutcheson, £1: Ralph Roland Lavin (two charges), £3 and £1: Bruce James Lovie, £1: David William Mander, £1: John William Maynard, £3; Wayne John McCreanor, £1; William George Paget, £3; Robert Anthony Pearson, £1; Rex Alan Randle, £1; Gerard Peter Rathburn, £1; Kenneth Sydney Roberts, £1; Percy Jlorrje Scott, £3;, Donald Leslie

Sunborn, £3; Rang! Mack Tawhai, £1; Graham Irving Thomas, £8; Leslie Frederick Vintener, £3. (Before Mr K. H. J. Headifen, S.M.) STOLE CYCLES "It costs thousands for the police to investigate stolen bicycles in this city. It is a prevalent offence—a despicable offence. And all you can say is that you want your name suppressed,” the Magistrate said to Lester Bently Nield, aged 17, a shop assistant. “I wouldn’t even consider suppressing your name,” said the Magistrate. Nield pleaded guilty to charges of stealing bicycles from a person unknown on December 1, and from Alan Bryce on December 11.

Sergeant F. G. Mulcare said a bicycle was reported stolen from the Sockburn Swimming baths on December 11. On December 12, it was sold to a Sockburn dealer and it was found that the same person had sold another bicycle to the dealer on November 1. Nield had given his correct name to the dealer on each occasion. Nield had said to the police that he had found both bicycles in Hagley Park and had sold them because he was short of cash. “You’re lucky I am going to deal with you now,” said the Magistrate, and he fined Nield £l5 on each charge. SOLD CAR UNLAWFULLY A man who sold a car which was still subject to a hire purchase agreement, was convicted and remanded until March 21 for a probation officer’s report and sentence. Sydney Barrie Hussey, aged 22, a gas service layer, pleaded guilty to obtaining £BO from Keith Evan Thomas at Balclutha on May 5, by a false pretence. Sergeant Mulcare said that on December 30, 1963, the defendant bought a car from Dunedin Car Sales, and paid a deposit. On April 2 he reduced the amount owing to £B2 6s, and a month later met the complainant, Thomas. Thomas, under the impression that Hussey owned the car, paid £BO in cash and bought the vehicle. Hussey had promised to get the ownership papers for Thomas, but they were held by the finance company involved in the hire-purchase agreement. The offence was discovered when Thomas attempted to obtain a duplicate set of ownership papers. When interviewed, Hussey said he intended to use the £BO to pay off the finance company, but he received a repair bill and paid that intsead. “PACK OF LIES” “I haven’t the slightest hesitation in rejecting the defendant’s evidence. I consider it a pack of lies,” said the Magistrate when Kevin Lawrence John. Ashton appeared on a charge of failing to stop when signalled to by a constable. Ashton, aged 23, a traveller, pleaded not guilty. He was represented by Mr M. J. Glue. Constable Roger Lance White said he was standing in Cathedral square about 1 a.m. on the morning of November 24, when he heard the tyres of a car squeal on two occasions. He considered that the driver might have been intoxicated, and stepped on to the road and signalled with his torch and hand. The car swerved to the right and carried on. Ashton denied remembering any constable or pedestrian in Cathedral square at the time. “Your story smacks of convenient lack of memory. But your record is not ver v bad,” said the Magistrate. He fined Ashton £lO. DISMISSED

A charge of using a motorvehicle carelessly on Clyde road on October 22 against Barry Richard Glentworth, was dismissed when the Magistrate said it was impossible to tell, on the evidence, what side of the road the defendant was on. Glentworth, who pleaded not guilty, was represented by Mr M. J. Glue. He was fined £3 for having no warrant of fitness. TRAFFIC PROSECUTIONS Traffic prosecutions with fines imposed (Court costs £1 10s on each charge) were:— Careless use: Annette Colleen Greenland, £6; Jennings Shaw, £5. Failed to give way to right: Arthur Francis Yerrington, £6: Andrew George Patrick Brown, £8; Kevin Gary Orlowski, £6. No warrant of fitness: Christine Fay Burford, £2. No driver’s licence: Jennifer Ann Murphy, £5 (no warrant of fitness. Court costs only). Proceeded before way was clear: Peter John Sweeney, £B. (Before Mr E. S. J. Cruthchley, S.M.) DELAY EXPLAINED The registrar of the Magistrate’s Court had issued instructions that persons arrested after 10 a.m. were not to be brought before the Court on the same day but should wait until the next day unless there were special circumstances, SeniorSergeant G. M. ■ Cleary said when James Andrew Hoskins, aged 17, a fireman, appeared for sentence on two charges of theft of hub caps.

Hoskins (Mr A. P. C. Tipping) was fined £5 on each charge and placed on probation for two years. When Hoskins first appeared he was represented by Mr A. D. Holland, who asked the police to explain why Hoekins had not appeared in Court on the day of his arrest so an application for bail could be made. Hoskins was taken from his work at 12.30 p.m. and placed in cells at 2 p.m. Mr Tipping said the delay In bringing Hoskins before the Court “was contrary in spirit, if not to the letter,” of the Crimes Act which said an ar-

rested person should appear before the Court as soon as possible. The Magistrate said instructions had been given thut persons were not to be brought before the Court if arrested after 10 a.m. because of the interference with the ordinary run of Court business, but he would refer the matter to the senior magistrate. FINED £22 Appearing fpr sentence on a charge of assault on March 3, Tepuni Samuels, aged 18, a watersider, was fined £l5, half of the fine to be paid to the complainant. He also pleaded guilty to a charge of committing a breach of probation by failing to report at Invercargill on February 24. He was convicted and fined £7. STOLE TOOLS “At your age you should know better than this,” said the Magistrate when Arthur Murdoch Mclvor, aged 30, a mechanic (Mr R. G. Blunt) appeared for sentence on a charge of theft of a tool box and tools worth £2O at Ashburton on February 10. He was fined £3O, placed on probation for one year, and ordered to take out a prohibition order for one year. “SENSELESS VIOLENCE” “This is an example of that senseless, unprovoked violence which Is becoming very common today,” said the Magistrate when Raymond Roberts, aged 19, a slaughterman (Mr P. G. HUI) appeared for sentence on a charge of assault on March 3. He ws fined £lO, half of the fine to be paid to the complainant. PROBATION Bradley George Stockdale, aged 26 a garage attendant (Mr M. G. L. Loughnan) was placed on probation for two years and ordered to pay witnesses' expenses of £4 when he appeared for sentence on a charge of unlawfully entering premises at 128 Warrington street with intent to commit a crime on December 17. CARELESS USE Harry Collett, aged 38, a salesman (Mr L. M. O’Reilly) was convicted and fined £8 and ordered to pay £4 witnesses’ expenses on a charge of careless driving in Riccarton road on January 15. Collett pleaded not guilty. CHARGE DISMISSED A charge against William Joel Davey, aged 41, an upholsterer, that by incurring a debt of 15s with John Richard Amos Parrott on March 3 he obtained credit by fraud, was dismissed. He pleaded not guilty and was represented by Mr R. G. Blunt The charge arose out of a dispute over a taxi fare. CIVIL CASES (Before Mr P. L. Molineaux S.M.) JUDGMENT SUMMONSES The following orders were made on judgment summonses: J. Soteros, school teacher, Armagh street, to pay World Record Club New Zealand, Ltd., £9 8s 6d, in default seven days’ imprisonment, warrant suspended while £1 a week is paid; W. H. Noonan, Racecourse road to pay Dominion Motors, Ltd., £3B 2s 6d (21 days or 10s a week); R. L. Trembath, Auburn avenue, to pay Greymouth Moton. Ltd., £22 12s id (14 days or £1 a week).

Gordon Oswald Reinke, cafe proprietor, Harris crescent, to pay General Foods (South Island) Ltd., £ll6 5s 8d (three months or £1 10s a week)-, E Carey, workman, Britten street, to pay Arthur Barnett, Ltd.. £29 3s 3d (14 days or £1 5s a week); E. Kamo, labourer. Stackhouse avenue, to pay Rolton’s Footwear, Ltd. £9 10s (seven days or £1 a week).

J. K. Johnston, workman, Neill street, to pay Canterbury Farmers’ Co-operative Association, Ltd., £135 10s 8d (three „ or £1 • *«ek); James Phillip Woolhouse, plant operator, Cobra street, to pay Palmer House, Ltd., £74 0s lid (two months or £1 10s a week); p. G. Mason, worker, Wilsons road, to pay Maling and Company, Ltd., £8 8s 8d (four days or 7s 6d a week). Arnold Arthur Little, builder, Barters road, to pay Commissioner of Inland Revenue £ll2 4s 5d (three months or £2 a week); Oswald Errington Merrie, railway worker. Bridle Path, to pay Lane, Neave and Company, £ll 13s (seven days or £1 a week); Ivan C. Martin, farmer, ?<? ddin . gton - t 0 P«y Winstone (5.1.) Ltd., £24 10s 3d (14 days or £1 a week). R. Duncan, labourer, Niagara street, to pay Ashby Bergh and Company, Ltd., £l6 10s 7d (14 days or £1 a week); B. McLauchlan, married woman, Waller terrace, to pay Hunter'a Accommodation Bureau, £7 15s (three days or 5s a week); R. W. J. Shaw, labourer, WarbMngton street, to pay Union Motors, Ltd. £5l 4s 9d (30 days or £1 10s a week).

L. Paulsen, worker, Corhampton street, to pay Maling and Company, Ltd. £l6 10s (10 days or £1 a week); William John Shaw, driver, WarbMngton street, to pay Lohrey Venetian Blinds, Ltd. £34 15 s (21 days or £1 a week); David Hose, labourer, care of Christchurch Probation Officer, to pay Post Office £42 0s 7d (30 days or £1 a week).

Benjamin St. John, labourer, Marriner street, to pay Butler Timber Company £7 Os 9d (seven days or £1 a week); J. Bassett, workman, Carisbrooke street, to pay Charles John Murphy £133 5s (three months or £2 a week); A. A. Temete, driver, Johnson street, to pay Tyre Sales and Service, Ltd., £l4 Is (10 days or £1 a week); J. Little, labourer. Barters road, to pay Whitcombe and Tombs, Ltd., £7 10s (seven days or £1 a week).