MAGISTRATE’S COURT Charge Withdrawn; Costs Of $35 Against Informant

Press, Volume CIX, Issue 31942, 20 March 1969, Page 7

MAGISTRATE’S COURT Charge Withdrawn; Costs Of $35 Against Informant

Leave to witbdaw a charge I against a traffic officer was i granted by Mr H. J. Evans, S.M., in a reserved decision! given in the Magistrate s Court yesterday, but the in-i formant was ordered to pay! costs of 535. On Monday Barbara Lorraine Free, aged 30, a housewife (Mr M. J. Glue), was convicted on a charge of careless use brought by Senior Traffic Officer W. Sterritt. Mr Glue then asked that a charge against the traffic officer brought by Mrs Free be withdrawn, and he said he would accept costs, which he suggested should be Sl5. Mr B. McCelland, representing Sterritt, asked that, If the charge was withdrawn, costs on a solicitor-client basis be awarded. “In situations of this kind, the Court must be on guard against lending its support to pressure tactics by a defendant,” said the Magistrate. “Here I have had to give serious consideration to the question whether this defendant, Mrs Free, laid her information against the traffic officer, not because she believed, on the evidence known to her, that he was guilty of careless driving, but in the hope of gaining advantage for herself at the hands of the Court or otherwise. “On the other hand, of at least equal importance is the right of any person (where the law so provides), to prosecute another person, whatever his position or standing. “The one condition attached—but it is an essential one—is that the person laying the charge should have ‘just cause to suspect, and does suspect’ that the person has committed an offence. Within that principle an informant will be protected, and his (or her) right to lay an information will be upheld, even if the final result is its dismissal. “I am bound to say that, in the case before me, there was some evidence which gave me cause for concern that the defendant’s prosecution of the traffic officer might be lacking in genuineness and good faith. Over all, however, I am not satisfied that it did, and in all the circumstances I think I ought to accede to Mr Glue's application,” said the Magistrate. (Before Mr P. L. Molineaux, S.M.) FIREARM CHARGES Pleading guilty to two

! I charges involving a firearm, i i Bobby Pakau, aged 23, a fork ,! lift driver (Mr R. B. Leete), i'was convicted and remanded ; on bail to March 26 for sent- ■: ence. An order for forfeiture of the firearm was made. ’ Pakau was charged with •i carrying a pistol beyond the •Ilimits of his house without a >'licence to do so, and with ■> carrying a dangerous weapon •i except for some lawful pur- ■ pose. ! At 10 p.m. on March 11 ■ Pakau returned to his home • in Godley Quay, Lyttelton, 1 said Senior-Sergeant F. G. ■ Mulcare. An argument developed over financial mat- ■ ters and Pakau left the house. , He returned 10 minutes later .'and took a sawn-off shotgun Land ammunition from his ! bedroom and again left the , I house. He made no explanaI! tion to his wife. t The police were informed ■lbut at 11.30 p.m. Pakau gave -Ihimself up to a constable on ‘.the beat He said that be- > cause of financial and other - troubles he thought he would - end it all by suicide. He sat - alone for some time and . changed his mind. > Mr Leete said that Pakau f and his wife had been recon- ; ciled. He was working at a r job with which he was happy. ■ The only reason he had the weapon was because of the t prowlers round his house in > the evenings. -OBSTRUCTED CONSTABLE '! David John Meechin, aged ’ 17. a sandblaster, was fined • $2O on a charge of obstruct- ' ing Constable L. J. Bruce in • the execution of his duty on ‘ March 18. Meechin pleaded j guilty. 1 Senior - Sergeant Mulcare 1 said that at 10.30 p.m. on • Tuesday a constable had arrested a youth and was ; walking him towards the ’ police van when Meechin, ' who was following them, kept 1 grabbing at the constable. He said repeatedly that the ’ youth who had been arrested ! had done nothing and kept 1 asking what the arrested 1 youth had done. ‘ Meechin followed the con- , stable from near the United ’ Service Hotel to the Post ■ Office, where another con--1 stable was standing. This • constable told Meechin on at 1 least four occasions to move ’■away and warned him that ■i if he did not do so he would be arrested for obstruction. , Meechin persisted, and was I arrested, Senior-Sergeant Mulcare said. i “This had nothing to do with you,” the Magistrate! i said to Meechin. “In future, I ; mind your own business.” REMANDED Martin Lee Choma, aged; 1 18, unemployed, was reI manded on bail to April 1 : after he had pleaded not 1 guilty to a charge of using j i obscene language in Cathe- , dral Square on March 18. RECEIVED WEDDING RING j Charged with receiving from ; Kerry Joseph Garrett a gold j (wedding ring worth $22. the t I property of British Jewellers, ( j on January 16. Anne Lesley ; (Gregory, aged 21. a factory (hand <Mr J. W. Dalmer), was : , convicted and remanded on bail ’ to March 26 for sentence. She 1 ■ pleaded guilty. i On January 20 the police [visited the accused in her flat 1 and spoke to her about the 1 wedding ring she was wear- i ing, said Senior-Sergeant Mui- t care. She admitted it had been S stolen from a jeweller’s shop. She said she had gone with 1 a boy-friend to look at rings, f Half an hour later they met i a boy who had been with them a tn the shop and he gave her 1 a ring he had stolen while she 1 i and her friend had been look- 1 i ing at other rings. i • “The most lamentable way of I starting married life that could < be imagined,” said the Magis- i irate. < Mr Dalmer said there was no question of marriage. FORGED CHEQUE I On a charge of forging a cheque in Nelson on December ’ ' 12, Sonny Te Hana, aged 22, a ’ ; soldier, was convicted and re- ’ manded in Army custody to ' ' March 26 for sentence. He 1 (pleaded guilty. 1 Te Hana was employed by the Forest Service in Nelson for 1 three months, said Senior-Ser- 1 geant Mulcare. When his em- ' ployment was terminated he ' ! was paid wages of $53.33 by ' (cheque. The cheque was cashed ; at the Bank of New Zealand in Nelson on the same day. The ; teller read only the figures and i paid out $83.33. It was later i found that the figures had been j altered and $3O too much had < been paid. j The only explanation Te Hana made was that he was short of money. i STOLE CISTERNS Rodney Neil Harris, aged 18, ' a painter, was remanded on 1 bail to March 25 for a medical report to see if he is fit to be ’ sent to a detention centre when he appeared for sentence on a charge of stealing two copper cisterns valued at $20.96. the property of the Christchurch j City Council. Mr S. G. Erber, for the accused, said that Harris had previous convictions for the same offence and was at present on probation for theft. He had not been involved in the taking of the cisterns. A friend went to the lavatory and came out with the cisterns, which he placed in the car. All Harris’s offences had been committed while he was unemployed, but he now had a job. The Magistrate said that the cisterns were stolen from a t lavatory in Marine Parade. t South Brighton, and that the probation officer had recommended periodic detention. DISCHARGED On a charge of assaulting a woman at Burnham on January 17. a man. whose name was suppressed (Mr S. G. Erber), was discharged without conviction under section 42 of the Criminal Justice Act, and ordered to pay $lO towards the cost of the prosecution. He pleaded guilty. The complainant was walking in the rain at 11 p.m. in Burnham Camp when the accused tried to get her to accept a ride in his truck, said SeniorSergeant Mulcare. He put his arms round her and pushed her towards his truck, but desisted when she refused to go with him. The accused was overstepping the bounds of chivalry, said (the Magistrate. To a woman it ■ I would be a frightening expertlience to be approached by a ■ stranger at night in such a I 1 fashion, but it was accepted I (that there had been nothing | i sinister in the accused’s acIltions. PERIODIC DETENTION I Appearing for sentencb on a

charge of unlawfully interfering with a car valued at $750. Robert Walker, aged 25, a bakery worker (Mr D. H. P. Dawson), was sentenced to four months periodic detention at the adult work centre in Brisbane Street. UNLAWFULLY TOOK CAR John Wayne Blakeway, aged 19, unemployed, was remanded on bail to March 21 for sentence on a charge of unlawfully taking a car valued at $l7OO/ the property of Kevin Barry Lundon, on March 19. He pleaded guilty. Senior-Sergeant Mulcare said that Blakeway was at a coffee bar when he had an argument with a former friend. He went out and moved a car belonging to this person a short distance nto Armagh Street. When seen by the police Blakeway admitted moving the car because of the argument and for other reasons which he refused to disclose. OBSCENE LANGUAGE Walter Arthur Burgess, aged 38, a fitter and turner, was fined $3O on a charge of using obscene language within the hearing of persons in Cornwell Street on March 19. He pleaded guilty. Senior-Sergeant Mulcare said that at 12.40 a.m. that day the police were called to a disturbance in Cornwell Street. While standing inside his property Burgess used obscene language. Mr R. F. B. Perry, for the accused, said that Burgess had nothing to do with the disturbance. He had become upset when questioned by the police. Burgess had thought he could use obscene language so long as he was on his own property He had been out of prison for less than three months, had three ch'ldren and regretted the incident. The Magistrate said that this was Burgess’s third conviction for thes type of offence. CHARGE ADMITTED Ross William MrOuinn. aced 23 and Alan Llovd Horwarth, aged 22. frepzinc workers, were remanded on bail to Mareh 26 for sentence on a ioint charge of unlaw*”i’y taking a car valued at $770. *he nrnpertv of Pacific Car Sales. Ltd. They nJeaded cuilty. Spnier-Se»-o ean t Mulcare saidj ♦hat the Timaru nnli<-p found ♦he two accused sJeenjng in a rar in a car park. When interviewed thev gave fictitious names. Howarth said that the oar was his and that he had nought it a year before. Later the accused admitted their identity and told the notice that the car was "hot.” Thev refused to sav Where they had got it. At g. 30 a.m. the same day Vincent Perham, the manager of Pacific Car Sales, Ltd, Ferry Road, reported to the police that a car in his display yard had been unlawfully takeh/This was the car which the two accused had. It was recovered undamaged. Senior-Sergeant Mulcare said. FINED FOR ASSAULT "The accused has richly earned a period of imprisonment but in this case a fine will be imposed.” said the Magistrate when John George Harrop, aged 18. a welder (Mr S. G. Erber), appeared for sentence on a charge of assaulting Warren A. Brant on March 4. He was fined $4O. Mainly because of liquor the accused over-reacted in an argument. said Mr Erber. Harrop was in good employment and he had attempted to keep out of trouble since his release from I prison. i Harrop’s two co-offenders had been dealt with by fines but a I (report had been called for in! (Harrop’s case because of hisj [criminal record, said the Magis- * trate. ! INSULTING LANGUAGE Kevin Joseph Gillman, aged 19, a driver, was convicted and fined $l2 on a charge of using insulting language in Hagley Park on December 23. He pleaded guilty. The complainant and his fiance were in a parked car in Hagley Park near the cricket ground at 11.30 p.m. when Gillman parked his car behind with the head-lights on high beam, said Senior-Sergeant Mulcare. The complainant got out of his car and spoke to Gillman, who then used the language complained of. STOLE SEATS Phillip Leigh Watson, aged 17, a clerk, was convicted and fined $l5 on a charge of stealing two railway seats worth $2, the property of the Waimairl Surf Club. He pleaded guilty. The surf club premises were ; broken into on November 6 and six seats were stolen, said Sen-ior-Sergeant Mulcare. Watson admitted assisting to remove the forms and said he had taken two himself, which he later threw in the river as they were no good. He said one of . the group was a member of the club and he (the accused) had not thought it was breaking and entering. CHARGE DENIED Brian Lloyd Jones, aged 30, a social security beneficiary (Mr R. F. Powell), charged with using obscene language in Cathedral Square on January 18 was convicted and fined $2O and ordered to pay witnesses’ expenses of $6.50. Jones pleaded not guilty. The Magistrate said he was not impressed by the way Jones gave his evidence. The evidence of two girls as to the language complained of was accepted and the charge was held proved. WARRANT ISSUED A warrant was issued for the arrest of Brian Robert Cummings, aged 18, an apprentice clicker, when he failed to appear on summons for periodic detention for non-payment of fines. TRAFFIC CASES In traffic cases brought by the police, convictions were entered and penalties imposed as follows, with costs of $5 in each case: — Careless use: D. P. Heinz, $l5: J. I. Sladen, $l2 and disqualified for three months; L. M. Thomson, $2O (failed to stop after accident, $3O, and disqualified for three months from March 26; failed to ascertain injury, costs only). Failed to notify change of ownership: M. V. Gardiner, $6 (Before Mr E- S. J. Crutchley. S.M.) CHARGE DISMISSED The Magistrate dismissed a charge of failing to clear noxious weeds against John Duncan bitten, a farmer, because a warning notice sent to him by the Paparua County Council was “ambiguous and uncertain." Appearing for the defendant, (who pleaded not guilty, Mr G. Ir. Lascelles raised several objections to the notice. Mr J. K. Milligan appeared for the council, which brought the prosecu--11 The Magistrate said there l were serious detects in the . notice and he must therefore , Stsmiss the charge He refused however, to make an order for ■ costs* against the council, as > requested by Mr Lascelles. ' (Before Mr H. J- Evans, S.M.) i TRAFFIC CASES In traffic cases brought by r the Ministry of Trjnsport, conI victions we re entered and 1 alties imposed a5(oll T; w . rosts of $5 in each case.— . Exceeded 30 miles an hour: M. H. Kingsbury. «»• w “• . Black $24; G. J. Kane, wu. ; A Nesbitt. »22- W. A. Bradley. ; 110 P. J- Robbins. ' Burgess, 522; D. J. A!**®”’* 2 ®’ , w. G. McFarlane, $l2, H. E. A. Wilson, $lO (no rear red 1 ght, t 15): W. G. Thomson, $lO, r. - M. Robinson, $l2; P- J?o Ac ! an c’ i $25; E. M. Dalton, $l2; J. C. i Smith, $3O; N. J. WiLiams, $l3, i C H. Brand, $2O; (insufficient ’ light, $12); A. M. Clemens - $l2; C. L. Chapman, $lO, D. W. Coleman, $11; L. m. Graham, $10; J. M. $lO- R. R. Peterson, $l2, a ( R. Rathie, $l4; J. M. Smith,

$l2; B. G. Uder, $l2; B. A. Wilson, $10; R. W. Beardsmore, $l2; T. C. I. Beaumont, $3O; G. J. Beggs, $l2; G. A. Gemmell, $25; P. W. Hammant, $l2; S. E. McLean, $l7; T. A. Martin, $l5; R. J. Maxwell, $10; S. W. Minson, $26; B. R. J. Murray, $2O; B. D. Pateman, $2B: E. A. Rose, $2l; M. D. Seabourn, $25: J. B. Standrin, $35, disqualified for two months; D. Anderson, $26: G. C. Archibald, $l2: K. J. Arthur, $11; L. G. Baker, $10: I. W. S. Barnes, $35; N. Border, $l5: F. T. Burgess, $22: R. A. Churton, $11; P. D. Dellaca, $11: D. A. Downs, $24; K. E. Williams. $27: D. D. Williams. $32; M. J. Eddington, $l4: C. B. Ellis. $10; L. R. Ellis, $25: N. T. Evans, $l5; R. M. Faulls, $l4: G. T. Ford, $3O; H. J. Franklin, $8: W. N. Fussell, $26; G. A. Gemmell, $10;, L. D. Garnham, $l2; A. M. Gray, $18; G. Gray, $11; R. C. Hunt, $25 (no warrant of fitness, $5): A. H. Inkster, $l2; R. E. Jones, $25; J. A. Kane, $2O; Z. Kiviatkowski, $l3; B. M. Lee, $l2; M. J. Letham, $26; D. E. R. McLauchlin, $11; R. W. Manson, $2l; A. J. Mayberry, $2B (no warrant of fitness, $4); C. R. Maw, $10; K. M. Maxwell, $l5; I J. Millar, $l3; M. D. Milne, $11; A. Mooar, $10; N. S. Moore, $24; C. O’Dea, $27; B. M. Rayner, $29; A. M. Scott, $11; P. A. Shaw. $11; R. R. C. Shields. $l3; G. Smith. $2O: L. J. Taylor, $2O; H. R. Thomson, $l2; H. M. Thomson. $2l; Y. L. Thurlow, $l2 (failed to display L plate, $5); R. G. Waltron, $10; H. L. Webb, $11: C. Wootton, $l2: J. G. Yeatman, $lO. Exceeded 55 miles an hour: R. J. Casey, $2O; D. P. Callahan, $l4; L. G. Osborne. $25 (passed on intersection, $7); A. M. Evans. $10; A. B. Morrison, $25; R. M. Stott, $l5; G. J. Scott, $7; I. T. Creamer, $3O: J. W. Summers, $10; N. A. Cleveland. $25; T. J. Cullimore, $l9; H. W. Annan. $10; K. C. Benny, $4O (failed to produce drivers licence, $10); D. McPurvis, $25, disqualified for two months (failed to display "L” sign. $7): T. W. Adler, $24; W. L. Brown, $2O: W. J. Bruce, $2B: R. J. R. Clark, $25; A. P. Nee. $10; C. G. Strele. $l9. Exceeded 40 miles an hour: M. F. Thain, $26; M. L. Langley. $l3: K. J. Kittelty, $11; B. J. Newlands, $10: R. D. Clark, $l4; C. V. Digby. $2O; R. Todd. $lO. Careless driving; N. A. Dears, $2O; L. M. Harris, $l5, disqualified for six months (exceeded 30 miles an hour, $10); L. Thompson, $l5, disqualified for three months; K. H. Thompson, $2O. disqualified for four months; I. M. Spavin, $l5; R. W. Turner, $2O. Exceeded axle weight; Ashby Bros.. $7; B. J. Hale, Ltd, $10: Bourke Bros., $lO (exceeded heavy traffic licence. $10): Farrier Waimak Co., $10; Nelson Transport, Ltd, $lO. Exceeded heavy - traffic licence: D. W. Prebble, $lO. Failed to stop at compulsory stop: G. M. Timms, $10: A. E. C. Roberts, $2O; J. A. Vallance, $l5: O. L. Fletcher, $2O; M. G. McCulloch. $2O; R. L. Finch, $2O: W. Stockdale, $10: K. Williams, $11; o. E. Wright, $l4: L. G. Eddington, $25 (failed to produce drivers licence, $5); J. T. Reilly. $25; S. J. A. Van Wiggen. $lO. i Crossed railway against flights: D. Pohio, $25. Failed to carry heavy-traffic licence: D. G. Scott, $lO. Carried pillion passenger on provisional licence: P. mJ Tocker* $5. Failed to keep left: T. G.l [Jones, $3O. disqualified for; .three months; T. Suddens, $7; [A. G. Van Ryt, $l2. j Exceeded 45 miles an hour (With pillion passenger; L. F. O Donnell, $lO. Exceeded 40 miles an hour with trailer: O. L. Broughton $26; H. E. Harris. $3O (failed to produce driver’s licence, $10; no warrant of fitness, Court costs); B. Binnie, $lO (no warrant of fitness, $2): C. W. Bromley, $25; ?~ Cham J )ers ’ >l2; P. T. Francis. $22; M. B. Lili, $25; D. A. Youngman, $24. Unregistered motor vehicle: T E. M. Brooks, $2O; M. J. $lO. disqualified for two months (failed to produce driver’s licence. $7; no warrant of fitness, $2). Too close behind another vehicle: J. Smith, $35; B. H. Tapp. $l2. Noisy motor vehicle: L. J. Smyth. $25; D. R. Neylon, $3O; P. G. Schulz. $3O. Failed to display L sign: J. M. Deans, $10; L. Hibbard, $B. No red rear light: D. A. Oxnam, $l2; N. Beecroft, $10; E. Thompson, $lO (failed to produce driver s licence, $2). No certificate of fitness: Canterbury Contracting Company, Ltd, $2O (breach of goods service licence, $2O). No front number plate: J. D. Irvine, $7; R. C. Kendall, $6, p. Robinson, $6. Damaged tyres: N. V. Johnson, $6 (no warrant of fitness, $2); F. J. Morgan, $6: T. Robertson, $l2 (defective brake, $l2). Insufficient lights: H. J. W. Schaapsheerders, $7; B. J. Smith, $l6; A. L. Tucker, $l3: A.jN. Watson, $l5; E. W. Walker, Failed to notify change of ownership. D. P. Tolhurst, $6. Exceeded 30 miles an hour without safety helmet: M. W. Dunlop, $5 (no foot rests, $5); C. D. Bull, $5. Aided offence: F. A. Austin, $3O. disqualified for three months. \ Dangerous speed: R. Hewinson, $5O, • disqualified for 18 months (failed to produce driver’s licence, $10). Used vehicle without reasonable consideration: J. W. Pope, Failed to give way at pedestrian crossing: J. C. Smith, $25. (Before Mr H. J. Evans, S.M.) JUDGMENT SUMMONSES The following orders were made on judgment summonses: Christine Young, telephone operator, Cambridge Terrace, to pay the New Zealand Farmers’ Co-operative Association of Canterbury, Ltd, $4l, in default 24 days imprisonment, warrant suspended while $2 a week is paid; R. T. Thompson, labourer, Corhampton Street, to pay J. Vernon $81.48 (six weeks or $1 a week); C. Tiplady, builder, Byron Street, Rolleston, to pay Marketing Investments (N.Z.), Ltd, $Bl (six weeks or $2 a week). D. Smith, soldier, Burnham Military Camp, to pay Blenheim Road Motordrome, Ltd, $165 (12 weeks or $3 a week): Ronald Sutherland and Harold Sutherland. shop owners, Brougham Street, to pay David Warren Jones $lOl.lO (55 days or $2 a week); J. Smith, watersider, Voelas Road, to pay L. J. Parratt $37 (three weeks or $1 a week). George E. Mori, freezing worker, Greenhaven Drive, to pay Hori C. Collett $22 (13 days or $1 a week); Frederick McClure, labourer, Buchan Street, to pay Cashmere Television, Ltd, $37 (three weeks or $1 a week); Robert John Madden, clerk, Sandown Crescent, to pay McEwans Butchery $14.53 (nine days or $1 a week). M. McGrath, workman, Clyde Road, to pay the New Zealand Farmers’ Co-operative Associa- , tion of Canterbury. Ltd, $37.50 , (21 days or $1 a week); T. Mason, labourer, Yarmouth Street, to pay L. E. Ching $39.5 (22 days or $1 a week); lan Johnston, driver, Glenroy Street, to pay Alan Henry McHugh $21.85 (13 days or $1 a ’ week).

V. G. Hullah, workman, Oxford Terrace, Lyttelton, to pay W. H. Robinson $64 (five weeks or $2 a week): Douglas Haig Hawtin, carpenter. Port Hills Road, to pay Rocky Point Service Station $73 (40 days or $2 a week); lan Hamilton, workman, Langdons Road, to pay Sansom’s Garage, Ltd. $32.88 (18 days or $1 a week).

Clive lan Harris, freezing worker. Briggs Road, to pay the Commissioner of Inland Revenue $79.15 (40 sl a week);

E. B. S. Grey, Southampton Street, to pay Taylor Tyre Company, Ltd, $33.98 .(19 days or $1 a week); Raymond Standish Field, Tilford Street, to pay Scooter, Motor-cycle and Moped Services, Ltd, $80.54 (six weeks or $2 a week).

Brian England, painter, Searell Road, to pay Smith and Smith, Ltd, $46.11 (25 days or $2 a week); R. E. Chapman, labourer, Lenton Street, to pay Bishop and Company, Ltd, $52.83 (30 days or $2 a week): L. H. E. Clare, workman, Shortland Street, to pay J. Vernon $67.1 (five weeks or $1 a week). A. F. Commons, mechanic, Sandown Crescent, to pay D.1.C., Ltd. $2 (two days): R. E. Dodd, workman. Hills Road. Kaiapoi. to pay Hori C. Collett $14.50 (eight days or $1 a week): Vincent Harold Cant, factory worker, Doreen Street, to pay Ogilvie Garth Clifford $166.50 (11 weeks or $1 a week).

M. J. Blade, workman, Papanui Road, to pay K. A. Sorrell, Ltd, $12.50 (seven days or $1 a week): Maxwell John Blade, taxi-driver, c/o. Gold Band Taxis, to pay Spiller and Blunt $176.50 (49 days or $3 a week); Norman Charles Butler, wiredrawer, Kaiwara Street, to pay the Post Office $16.14 (10 days or $1 a week), and to pay Nicholl Brothers (Halswell Garage), Ltd, $21.20 (12 days or $1 a week).