Witness ‘discredited’ says Magistrate

Press, 27 March 1979, Page 4

Witness ‘discredited’ says Magistrate

Larry Matthew Collier, anU ■unemployed house painter,; i aged 23, was convicted in:s (the Magistrate’s Court ofi< Idriving while disqualified. After a defended hearing, be-J fore Mr D. B. Pain. S.M.,’i [Collier was fined S3OO, plusji [costs of $lO, and disqualified!< [from driving for a further!! six months from March 20.!> 1980. ■’ Constable K. D. Newman h said that at 4.55 p.m. onil February 14, while off duty,l’ he had seen the defendant!] sitting in the driver’s seat of;i a green and white mini car,! outside St Andrews church>■ in Moon Hay Road. Witness!l said that he had then fol-ii lowed the car driven by Col-r Her to Taylors Avenue. in!l Fendalton, where a male! I passenger got out. He haali gone to the defendant’s)!

address two mornings later! and told him that he wasit [suspected of driving while[t disqualified. ;< The defendant told the;] Court that he had no clear)' recollection of what Jiap-il pened cm February 14. He|’ denied that he had driven'( the car and said that the>< mini had been with a friend! 1 v.'ho was working on its[< [radio at the time. The friend! ■ had picked up a relativch [who had been working as a t Ipainter at the church and i , taken him home. I Mr N. Lumm, a freezing i [worker, gave evidence that he had had the mini for ! ! about 10 days in early Feb- ’ I ruary and during that time i he had driven a friend home [from work at St Andrews 1 i Church. Collier had also < ibeen working at the church, i

The police prosecutor! (Sergeant K. J. Humdell) questioned witness about the dates on which he had had ; possession of the mini and [when he had driven along : Hoon Hay Road. Mr Lumm | was not sure. In reply to 'questions by Sergeant Hurn;dell witness denied that he [had “jacked up the story” to [cover up for a friend. I The Magistrate said that I the effect of the defence was 'that Constable Newman must have observed the wrong person driving the car. but this evidence "failed dismally.” “I don't recall a hearing in recent times i when a witness has been so discredited in cross-exam-ination as Mr Lumm has,” [ he said. He was confident! Constable Newman could! identify Collier.