MAGISTRATE’S COVRT High-Speed Chase Ended When Machine Became “Airborne”

Press, Volume CX, Issue 32391, 2 September 1970, Page 10

MAGISTRATE’S COVRT High-Speed Chase Ended When Machine Became “Airborne”

A‘ motor-cyclist who became “airborne” with his pillion passenger as he cam? off the New Brighton- Bridge and crash-landed on a roundabout after travelling at speeds of up to 85 miles an hour, was convicted and remanded in custody until September 8 for sentence when he appeared before Mr K. H. J. Headlfen, S.M., in the Magistrate’s Court yesterday on four charges arising from the incident. ■

The defendant, Terence George Birtles, aged 19, a builder’s labourer, pleaded guilty to the charges of careless driving causing injury to Diana Gail Finnerty, driving while disqualified,. exceeding 30 miles an hour in Pages Road,, and exceeding 45 miles an hour while carrying a pillion passenger on July 12. Senior-Sergeant F. G. Mulcare said the defendant’s motor-cycle was checked by a Ministry of Transport microwave unit about 8.40 p.m. in Breezes Road at a speed of between 65 and 70 miles an hour.

During the chase which ensued the defendant’s speed reached 85 miles an hour. As he passed over the New Brighton Bridge his machine became airborne and struck the roundabout The defendant and his passenger were thrown off. The defendant told the police he wanted to give the traffic officer a race because he Was a disqualified driver. Senior - Sergeant Mulcare said the pillion passenger suffered injuries to four vertebrae, fractures of the pelvis, and severe bruising. The Magistrate said the offences were committed within 11 days of the defendant being fined $l2O and disqualified for a year on another traffic offence. DISORDERLY BEHAVIOUR A man who behaved In a disorderly manner in the bus shelter at the corner of Clyde Road and Riccartdn Road, was lined *lO. Be pleaded guilty. James Logan Calrd, aged 44,. a Government employee (Mr R. F. B. Perry), had been involved tn an argument in the bus shelter. A constable had broken up the disturbance where punches were thrown, said Senior-Sergeant Mulcare. The defendant had been drinking, became aggressive and refused to supply particulars to the police. He was then arrested, said Senior-Sergeant Mulcare. His client had received a push from one of the men he was arguing with and retaliated with punches. He was deaf and found it difficult to communicate with other people, said Mr Perry. THEFT Leslie James Smith, aged 21, a labourer, was convicted and remanded in custody until September 8 for sentence when he

pleaded guilty to charges of stealing a car mascot and a cheque form worth *6.04 bi» August 1, and obtaining oil, petrol and money amounting to *lO at Timaru on the same date. The Magistrate said the offences were committed while the defendant was on probation. It was his third Court appearance since June. FOUND ASLEEP A man who was found Asleep in a boarding house at 7.1 S a.m. on September 1, was fined *25 on a charge of being found without lawful excuse in the building. lan Douglas Bain, aged 46, unemployed, bad boarded at the house previously and had been unable to wake the owner on September 1: He was drunk at the time, said Senior-Sergeant Mulcare.

FAILED TO STOP On charges of failing to stop after an accident, driving when forbidden to do so, and driving while disqualified at Lyttelton on August 24, Carole Jean Shields, aged 21, an unemployed driver, was convicted and remanded on bail to September 8 for sentence. The defendant pleaded guilty to the three charges. RECEIVING Petrina Ann Maxwell, aged 16, an unemployed nurse, pleaded guilty to a charge of receiving clothing worth *l5O at Palmerston North between July 21 and August 14, knowing it had been dishonestly obtained. She was convicted and remanded on bail to September 8 for a probation officer’s report and sentence. MISCELLANEOUS OFFENCES In miscellaneous police prosecutions convictions were entered and fines imposed as follows, with costs of *5 in each:— Failed to give way: Derryck Robert Tonialin, *l5: Sydney Atkinson; *10; Robert Smith, *2O: Phillip Ronald Anthony Coombe, *l2. Drove carelessly: Kevin John O’Gorman, *l5. Consumed liquor while under age: William Eales. *10: Valerie Ann Milne, *lO. (Before Mr P. L. Molineaux, S.M.) ANIMAL CHARGE "Cats wander through my property, but that doesn’t mean they belong to me," the Magistrate said in dismissing a charge against Winifred Kathleen Anderson, of wilfully abandoning nine cats on June 10. Anderson pleaded not guilty. Referring to the evidence of Mr H. J. Hammett, an inspector for the Society for the Prevention of Cruelty to Animals, the Magistrate said there was no evidence of identification of the cats trapped on property formerly occupied by the defendant. The Inspector had not given any indication of the age, colour. Breed, name, or sex of the animats.

“Cats wander through my place all the time, and if he found them the inspector could say they were abandoned." he said. “Probably the cats in question were the defendant’s, but I don’t think the Court can act on probabilities. The prosecution has itself given evidence of the defendant making arrangements for the cats to be taken to a veterinarian, and she had every reason to believe they had been provided for. “Mr Hammett said the cats jumped over a fence as he approached. But I don’t think they

thought ‘Here comes an inspector—we'd better clear .out.’ Its natural for cats to race away, from a stranger. Even if your intentibha are frieiidly, they re not to know that. They'll clear out anyway." Counsel (Mr K. N. Hampton), had earlier submitted that there was no evidence of wilful abandonment, as the defendant had arranged for the disposal of the animals. Mr Hammett said he had been called, to the defendant’s former property after complaints of cats wandering there. He had seen three or four- on the land and three days later had trapped them. The defendant, when interviewed, had admitted ownership of the animals. DISMISSED A charge of abandoning a greyhound bitch, two greyhound puppies, and two cats, against Colleen. McKenzie, was dismissed. She pleaded not guilty. Mr Hammett said that he had visited a house formerly occupied by the defendant after, a complaint from the landlord. He found the bitch and one cat inside, and the two puppies —one in very poor condition with distemper—the other cat, and an Alsatian-cross dog in the yard. There appeared to be no provision for feeding the animals. Interviewed, the de-

fendant told Mr Hammett that she had only just moved out, and had intended to return for the animals. The defendant said she had been told to leave the house by the landlord, and had found a fiat in which to live. She left In a taxi, leaving behind some furniture and the animals. These were to be collected the next day, but by the time she, her son, and a friend arrived, the animals had been taken by the S.P.C.A. RECKLESS DRIVING Ray Beihana, aged 31. a bus driver, was fined *BO apd disqualified from driving for three years when he appeared on a charge of driving recklessly on the Main South Road. Paparua. on May 21. He was also ordered to pay witnesses’ expenses of $l3.

CHARGE,, AMENDED A charge of dangerous driving in Cathedral Square on May 17, against Raymond Allan Harris, was amended to a charge of careless driving. Harris, aged 19, a motor recondltioner. was fined *l2. CARELESS DRIVING David McAuley Thomson, aged 30, a medical practitioner, was fined *25 when lie pleaded guilty to a charge of careless driving in Cashel Street on May 30. (Before Mr H. J. Evans, S.M.) EXCESSIVE ALCOHOL Bernard Neil Adams, aged 50, a war pensioner, was fined *4O and disqualified from driving for six months when he was found guilty of driving with an excessive blood-alcohol level in Sparkes Road on July 11. He pleaded not guilty and was represented by Mr D. J. Hewitt.

Evidence was given that, after the failure of two breath tests by the defendant, a blood test was taken and a concentration of 110 milligrams of alcohol to 100 millilitres of blood was found. Adams was ordered to pay witnesses’ and medical expenses of $16.25. (Before Mr E. S. J. Crutchley, S.M.) OIL IN HABBOUB Thomas Herbert Fairhurst, the master of the City of Auckland, was fined $4O on a charge of discharging oil from a ship into Lyttelton Harbour on August 18. . Appearing for the Lyttelton Harbour Board. Mr J. R. Milligan said that the ship had been pumping out its bilges and some oil from one of the bilges had been pumped into the harbour. It was only a small amount of oil and quickly dispersed, Mr Milligan said. OTHEB CHARGES In other miscellaneous prosecutions. convictions were entered and penalties imposed as follows, with Court costs, $5. on -each charge:— Failed to furnish return of income: Roland Herbert Kendall, $10; Earle Desmond Cuttriss, $6: Communications (N.Z.), Ltd, $4: Clarence William Fowler, $4; James Michael Fraher, $l2; Vincent Joseph Hannigan, $2O; John William Hopping, $4: Graham Rennie Hughes. $3O; John Henry Lester Johns, two charges, $lO on each charge: John Ogilvie Macleod, $5; Nelson Albert Price, $l2; Charles Thomas Shaw. $4. Retailer had for sale fruit not purchased from the New Zealand Apple and Pear Marketing Board: Kenneth Elvidge, $25: lan Buchanan. $l5; Alan Fawlds, $25. Failed to clear noxious weeds: Roderick Wilfred Davies, $lO. ROAD TUNNEL OFFENCES In prosecutions brought by the Christchurch-Lyttelton Road Tunnel Authority, convictions were entered and penalties imposed as follows, with Court costs, $5, on each charge:— Insecure load: Kerry Stanley Burke. $l5. No warrant of fitness: William Allen Dennett, *2.

Exceeded 30 miles an hour: Thomas Joseph Hutt, $2O. Overtook in tunnel: Rodney Douglas Meier. $2O.

Careless use of a motor vehicle: David Oliver, $5, disqualified from driving for three months. CIVIL CASES JUDGMENT SUMMONSES Orders on judgment summonses were made as follows: Alan L. Horwarth, freezing worker, Shortland Street, to pay John Henley, $231.20, In default 90 days imprisonment, warrant suspended as long as defendant pays $4 a week. B. St Claire, workman, Locksiey Avenue, to pay George Kenneth Neal, $87.78 ($2 or 47 days); G. C. Beach, engineer, Solway Avenue, to pay P. B. Nolan, $97 ($2 or 52 days): R. Boswell, workman, Oram Avenue, to pay Jack Hunt, $12.50 ($2 or seven days); R. H. Brockie, workman, Hereford Street, to pay J. L. Shine, $22,50 ($2 or 13 days); T. A. Bush, labourer, Neill Street, to pay G. B. Hughes, $27.25 ($2 or 16 days); Barry Donaldson Caldwell, labourer, Buchanans Road, to pay Church of England Hospital Incorporated, $B3 ($2 or 45 days); L. Coles, labourer. Durham Street, to pay Hilton Press, $35.24 ($2 or 20 days);

B. T. Courtney, workman, Ensign Street, to pay McLaren Motors, Ltd, $208.69 ($1 or 90 days); B. T. Courtney, workman, Ensign Street, to pay Maling and Company, Ltd, $70.62 ($1 or 38 days); R. Croat, driver, Dunarnan Street, to pay T. D. W. Bay, $22.50 ($2 or 13 days); Raymond Douglas Dempsey, labourer, Momorangi Crescent, to pay K. O. Sullivan. $17.50 ($2 or 10 days); Frederick K. Derbyshire, salesman, Aurora Street, to pay Wright Stephenson and Company, Ltd, $142.63 ($2 or 75 days); J. C. Harris, Kairakel Beach, to pay N.Z. National Creditmen’s Association, Ltd, *16.70 (*2 or nine days): W. C. Hawthorne, freezing worker, Florida Street, to pay E. F. Bearman, (216.50 ($2 or 90 days).

A. F. Houghton, contractor, Buchanans Bead, to. pay T. A. Kiesanowski, $67 ($2 or 37 days); Malcolm Thomas Jackson, labourer, Gainford Street, to pay E. Galt, $26 <l5 days:; Malcolm Thomas Jackson, labourer, Gainford Street, to pay N.Z. Industrial Gases, Ltd, $26.67 <l5 days); Malcolm Thomas Jackson, contractor. Gainford Street, to pay Steel Brothers, Ltd, $6B <37 days); W. F. Koch, workman, Leverett Place, to pay'

Waikuku Supply Store, Ltd, , $89.72 <s2 or 47 d»y»r, g. A. 1 Lee, plasterer, Cavendish Road, to pay Amurl Motor*, Ltd, ’ 3219.10 <62 or 90 day*); Trevor 1 Charles Levansour, labourer. Maces Road, to pay H. Peters, $14.30 <s2 or eight days). S. G. McAllister, labourer, Lyttelton, to pay A. W. Lewis, *16.65 <»1 or nine day*); Malcolm McLaucblan, storeman, Ferry Road, to pay the Post Office, *30.76 <*S or 18 days); Paul McManus, manager, Edinburgh Street, to- pay W. A. Graham, *83.26 <s3 or 45 days); James Mervyn' McNeill, salesman, Straven Road, to pay Andersons Motordrome, Rlccarton Road, Ltd, *ll6 <ll or 62 days); Martin Howard, drainlayer, Wychwood Crescent, to pay E. Hendricks, *13.06 <32 or eight days); J. Maynard, married woman, Highsted Road, to pay A. Plumber *636.75 <*s or 90 days); W. A. Palmer, labourer, Santa Rosa Avenue, to

pay Halswell Dairy, Ltd, *24.18 <*2 or 14 days). H. H. Puha, driver, Rowley Avenue, to pay the Blenheim Road Service Station, Ltd, *186.33 <32 or 90 days); Karl Marshall Randall, railway worker, Chester Street, to pay M. S. Shackel *12.29 <»2 or seven days); William John Shaw, labourer, Warblington Street, to pay A. Couling, *17.16 <32 or 10 days); J. Simmons, labourer, Clyde Road, to pay Wairakei Electrical and T.V., Ltd. *8.52 <five days); Barry H. Smith, driver, Boyne Avenue, to pay Sedley Wells, Ltd, *24.82 (>2 or 14 days); Poland P. Taumata.

labourer, Blankney Street, to pay J. A. Taumata, *115.25 <35 or 61 days): Arthur Vince Morley Street, to pay New Brighton Motors, Ltd, *375.50 <>2 or 90 days). J. Wheeler, workman, Strickland Street, to pay N.Z. Farmers' Co-operated Association, Ltd, *104.92 (»2 or 56 days); Peter White, labourer, Porchester Street, to pay Christchurch Press Company, Ltd, *35.30 <32 or 20 days); John Gordon Whitta, driver, Cunningham Street, to pay the Post Office *22.81 <*2 or 13 days); Robert Edward Williams, foreman, Melrose Street, to pay Stainless Castings. Ltd, *30.20 <»2 or 17 days); Dennis E. Willis, shop fitter, Mackworth Street, to pay Geoffrey James Crichton Clark $208.65 ($2 or 90 days); L. Yee, workman. Staffordshire Street, to pay Pickles Perkins and Hadlee $154.49 ($2 or 81 days).