MAGISTRATE’S COURT Motorist Fined $25 For Failing To Obey Traffic Officer’s Signal

Press, Volume CVIII, Issue 31760, 17 August 1968, Page 19

MAGISTRATE’S COURT Motorist Fined $25 For Failing To Obey Traffic Officer’s Signal

A motorist who failed to obey a traffic officer’s signal to turn right, but instead I drove at him and struck him on the shins with his bumper ' bar, was fined $25 by Mr E. S. J. Crutchley, S.M., in the Magistrate's Court yesterday. Traffic Officer James Peter Bowcock told the Court that . Percival Charles Frederick Thomas, a foreman driver (Mr 1. J. D. Hartl), had told him afterwards that he had ignored the signal because he wanted to go straight ahead. Thomas had told him that he should not have stood in his way.

To Mr Hall, Officer Bowcock said he had signalled the traffic in the right hand lane to turn right and that in the left hand lane to go straight ahead. Thomas was in the right-hand lane. He said Thomas had admitted to him that he had realised that he was intended to !turn right, but said he had decided to ignore the signal.

Thomas said in evidence ■ that he intended to go ahead and interpreted the officer’s signal to mean that he could do so. The officer stepped back into his path and he tried to avoid him. “He told me that I was an idiot,” Thomas said, “and that he was there to tell idiots where to go.” He denied having told the officer that he deliberately ignored his signal. The Magistrate said he did not think the defendant was very clear as to just where he was in the lanes. He held on the evidence that the officer had given a correct signal and that Thomas ought to have been watching him. FAILED TO STOP Albert Joseph Riddiford pleaded guilty to a charge of failing to stop at the direction of a traffic officer in Blenheim Road on May 13 and was fined $2O and disqualified from driving tor two months. He also admitted exceeding 30 m.p.h. and was fined $25. CAgECESSNESS A driver reversing out of a drive on to the roadway owed a duty of care to other motorists, said the Magistrate, fining Dennis Cserepanyi, a foundry worker (Mr M. G. L. Longhnan), $2O and disqualifying him from driving for three months. Cserepanyi had pleaded not guilty to a charge of careless driving in Lincoln Road on April 25. The Magistrate said there was a high obligation on

the defendant to make sure the way was clear before backing out from the yard of the Black Horse Hotel.

He did not accept Mr Loughnan’s submission that the charge could not be sustained unless the driving in question caused a mishap.

DROVE THROUGH PATROL A bread vendor who pleaded not guilty to a charge of failing to stop for an extended school patrol sign in Briggs Road on June 7 was convicted and fined *3O

Francis Crehan (Mr D. H. Stringer), told the Court that his view of the left side of the crossing was obscured by another vehicle which he was overtaking. He said he saw a child with a sign extended al the right of the crossing, but he proceeded because the sign was withdrawn. The Magistrate said he did not accept Crehan’• explanation, and that he had come close to having his licence suspended. DISMISSED A charge against James William Carruthers, aged 30, a soldier (Mr L. M. O’Reilly), of careless driving in Ellesmere Junction Road on May 27 was dismissed. (Before Mr P. L. Molineaux, S.M.) THREE MONTHS GAOL Three months imprisonment on each of seven charges was imposed on Dick Jacob Marsters, aged 29. a freezing worker (Mr K. N. Hampton), when he appeared for sentence on six charges of false pretences and one of credit by fraud. The sentences were ordered to be served concurrently. Mr Hampton said drink was a problem with Marsters. It was the first time he had appeared on a charge of dishonesty as such. The amount involved was only about $BO. Marsters had been in custody for the last six weeks. The Magistrate said Marsters had been in trouble with the Court nearly every year since he came to New Zealand in 1941 The only appropriate sentence was prison, but he would take into consideration the time Marsters had already spent in prison. Restitution of $BO was ordered. TWO CHARGES William John Provis, aged 25, a truck driver (Mr L. M. O’Reilly), pleaded guilty to a charge of breach of probation by failing to report, and to a charge of failing to stop after an accident. He was convicted and remanded on bail to August 23. In the accident two women suffered minor injuries. Sergeant V V. Townshend said. Provis had been drinking before the accident. Provis had been on probation after serving a prison sentence and had failed to report when directed, the Court was told. DISQUALIFIED DRIVING A youth who drove while he was disqualified was sentenced to three months imprisonment and a further year’s disqualification when he appeared for sentence. lan Nelson Benbow had said

he served a term of Imprisonment on an earlier charge of driving while disqualified, and had thought this bad been the only penalty for the previous offence and that there was no further disqualification, Mr P. Davies said for Benbow. He did not believe this excuse, the Magistrate said. CONVICTED A part-heard charge against John Charles Were, aged 48, a storeman <Mr J E. Ryan), was completed Were had previously pleaded not guilty to a charge of driving in Wilsons Road while under the influence of drink or drugs on August 3. He was convicted and fined $4O and was disqualified for three years. Evidence was given of an accident which occurred in Wilsons Road involving Were. Dr James Stewart Wil mo, who examined Were at the Central Police Station, said he had considered him. unfit to drive. Evidence was called by the defence to show that nervous troubles could have caused many of the symptoms taken for intoxication. The Magistrate said he concluded that Were - s car was not properly controlled because Were was under the influence of liquor. BREACH OF PROBATION Anthony John Keating, aged 21, unemployed, pleaded guilty to committing a breach of his probation in that he failed to reside where directed. He was convicted and fined $25. JUBY TRIAL Jury trial was elected by Brian Carrington, aged M, unemployed (Mr M. G. L. Lougbnan), when he appeared on a charge of burglary of the jeweller’s shop of S. C. Suckling, 3A Ferry Road, on July Carrington was remanded on bail to September 3 for the taking of depositions. FOUND DRUNK Pleading guilty to a charge of having been found drunk in the Christchurch railway station on August 15, having been twice convicted of drunkenness in the last six months, Edward Arthur Halligan, aged 48, unemployed, was convicted and fined $l5. OBSCENE LANGUAGE Murray Kenneth Wilson, aged 19, a warehouseman, pleaded guilty to a charge of using obscene language in Manchester Street on August If and was convicted and fined t2S. OBSCENE EXPOSURE A man whose name was sup-' pressed (Mr A. P. C. Tipping) i pleaded guilty tt two charges of obscene exposure, and was convicted and remanded on bail to August 23. One offence occurred in Hagley Avenue, the other in the Main North Road. OTHER CHARGES On other charges brought by the police, offenders were dealt with as follows, with costs of $5 on each charge: Careless driving: Opetaia Finiki, $25 and disqualified for three months; Graeme James Cosgrove, 820 and disqualified for three months (failed to report accident. 315). Failed to give way: Gillian Cecily Williamson. 314. Failed to stop at stop sign: Peter James Hawthorne, 815. Found in bar after hours: Iris Allan, 812. Minor found in bar: Allan Stewart Roberts. $4; Robin Leslie Ager. tie. CIVIL CLAIM A civil claim by Bed and Black Builders. Ltd (Mr C. E. Purchase), against the Canterbury Repertory Society (Mr A. D. Holland) was not successful. The claim, which was partheard on Tuesday, was for work done and materials supSlied for alterations to the epertory Theatre in 1007. The full amount of the claim was for $1004.40. The defendant had agreed to pay for materials, leaving the remainder in dispute. On this sum the Court found for the defendant and costs incurred since the 0400.60 was paid into Court were awarded against the plaintiff. Evidence was that the society had expected the labour for the job to be provided free by Mr A. B. Mackay, the Magistrate said. The work involved erecting partitions to provide rooms to be used by the Canterbury Theatre Trust. The builders had relied on Mr Mackay being “behind the job" and formed the impression that Mr Mackay was in some way going to arrange the finance. No contract was made out for the work. The society, when it received the account, denied liability for the cost of the labour. (Before Mr H. J. Evans, S.M.) ASSAULT Timothy Robert Coulter, aged 22, a seaman, was convicted and fined $2O on a charge of assaulting Michael John Pown-

aU on board the m.v. Mystic on August 15. An order was made for Immediate payment of the fine.

The defendant pleaded not gultty. Michael John PownaH, fourth engineer In the Mystic, said the defendant punched hhn in the face outside his cabin about 10.45 p.m. on August 15. He said he covered his head and crouched down to avoid the Mows.

Corroborative evidence of the defendant’s identity was given by the third engineer and an engineer cadet, who said they saw the defendant standing over the complainant after he called eat for help.

The defendant said in evidence that the night of the alleged assault was party night on beard, and lie was rather drunk. AX the time of the alleged assault be was in his cabin having a party with otbm* seamen. He denied assaulting the complainant, and said it was a case of mistaken identity. Evidence was given by five seamen, whe said they had been drinking with the defendant in his cabin. They did not think the defendant had left the cabin, but if he had ft would have been only for a minute or two. In giving evidence again on his own behalf, the defendant said he was sure some mistake had been made. Such conduct was foreign to his nature. He could have done such a thing only if he had a blackout. DISCHARGED A woman, whose name was suppressed (Mr P. G. S. Penlington), was discharged without conviction under section 42 of the Criminal Justice Act on a charge of theft of meat from a shop. She pleaded not guilty. The defendant was ordered to pay 85 towards the costs of prosecution, and witnesses’ expenses of $4. BENCH WARRANT A warrant was issued for the arrest of Robert Graham Stuart, aged 21, a fencer, when he failed to appear for sentence on a ebarge of theft of seven chamois careases valued at 387.0$ on July 20. DISMISSED A charge against Hugh Stewart, aged 30, a sharemilker (Mr D. H. Stringer), of assaulting Norman Leslie Clinton on June 1 was dismissed. He pleaded not guilty. (Before Mr W. F. Brown, S.M.) SIX MONTHS GAOL Harold John Wayne Harding, aged 20, a railway workman (Mr A. P. C. Tipping), was sentenced to six months imprisonment, to be followed by a year’s probation, when he appeared for sentence on charges of theft of women’s clothing, and performing au indecent act on a girt aged eight. FINED 0150 Lewis Meads, aged 40, a tractor driver (Mr A. Hearn), was fined Sl5O when he appeared for sentence on a charge of receiving five watches knowing them to have been dishonestly obtained. Mr Hearn said the defendant had kept out of trouble for two years, and was annoyed because of this lapse. The defendant had been asked by another person to look after the watches for a short time. The defendant later read about a burglary of Throwers Jewellers, Ltd. He then got further into the mire. PROBATION Peter Horatio Nelson, aged 21, a workman (Mr J. E. Butler), was fined 825 and placed on probation for 18 months when he appeared for sentence on a charge of theft of .a radio. He had previously been convicted.