No-helmet rider has his appeal allowed

Press, Volume CXIV, Issue 33675, 26 October 1974, Page 2

No-helmet rider has his appeal allowed

(From Our Own Reporter)

GREYMOUTH, October 25.

An appeal by a motor-cyclist against his conviction in the Magistrate’s Court at Westport on August 5 was allowed by Mr Justice O’Regan in the Supreme Court at Greymouth yesterday.

George Graham MeDonald was fined for not wearing an approved safety helmet while nding a motor-scooter in the Buller Gorge.

McDonald did not appear in court but forwarded a written explanation. In this he stated that he and his wife had driven to Christchurch where he bought a motorscooter and some supplies which were loaded on to a trailer.

On reaching Inangahua one of the wheels came off the trailer. This upset his pregnant wife, who was not at all well and was anxious to get to a doctor at Westport as soon as possible. The appellant therefore loaded the goods from the trailer into the car but found there was no room for the motor-scooter. He decided to let his wife drive the car and he would follow on the scooter. He was stopped by a traffic officer in the Buller Gorge and told him that he was unable to find his helmet which must have been at the bottom of the goods in the car. The officer told him to forward an explanation to the Superintendent of Transport in Christchurch. At the same time the officer, in his report, said that McDonald did not bother to dig the helmet out. McDonald received a formal

note stating that he was going to be prosecuted. “McDonald is a young ‘ man, aged 25 years, who had ■ never had a conviction of any i sort. It is quite clear that he had been caught in unusual circumstances, and I would • have thought that the superi intendent would have decided ; that it was a case where a . prosecution would not have

been proceeded with,” his Honour said. “All the facts had not been placed before the Magistrate and I allow the appeal. The appellant will be discharged without conviction under Section 42 of the Criminal Justice Act.” His Honour allowed costs against the Ministry of Transport.