‘Acquittal still possible’

Press, 21 September 1978, Page 6

‘Acquittal still possible’

i A Christchurch lawyer bei Sieves that in spite - of sterIner legislation introduced in the Road Transport Amendment Bill last week, lawyers will still be able to find loopholes. The lawyer, Mr C. B. Attinson, is a member of the •ouncil of the Canterbury District Law Society, but he was expressing a personal view. The effect of the legislation would be that there ! would be fewer acquittals, he said.

Under section 58 (e) of the bill, it shall not be a defence that any of the provisions of sections 58 (a), 58 (b) and 58 (d) have not been strictly complied with, provided there has been reasonable compliance. A Wellington lawyer said this week that the new section gave traffic officers carte blanche to do what they liked, and negated the principles of the rule of law. But Mr Atkinson pointed out that the present law already says it shall not be a defence that any of the provisions are not strictly complied with, except that the proviso does not at present

I include section 58 (d), which concerns hospital blood tests.

Mr Atkinson said that the omission of section 58 (d) from the proviso had provided a means by which lawyers had several times successfully appealed.

The new proviso would rule out defences based on failure to comply with technical proceedings, he said. But there remained the question whether" there was “reasonable" compliance. In spite of the old proviso, people were still being acquitted under defences to sections 58 (a) and (b). The defences were usually based on assertions that there was net- reasonable compliance with the sections.

Mr Atkinson said that the number of acquittals was very small in relation to the number of prosecutions. It was reported in May this year that of the 13,000 blood-alcohol cases each year, about 80 per cent were found to be above the legal limit of blood-alcohol. Of the prosecutions, only 1.1 per cent were dismissed.