Police officer convicted of careless use

Press, 22 July 1989, Page 6

Police officer convicted of careless use

A Christchurch police officer who was alleged to have driven a car when he had more than twice the permitted level of alcohol in his blood had the charge dismissed in the District Court yesterday.

However, the constable, John Rex Miles, aged 34, was convicted of a charge of careless driving. Judge Fogarty said Miles’ careless driving was at the higher end of the scale of carelessness.

In the light of evidence of injuries to the driver of the car which Miles’ car struck, and to her passenger, there could well have been grounds for a more serious charge of careless driving causing injury. However, he did not intend to make that amendment. He fined Miles $4OO and disqualified him from driving for three months.

The Judge said the evidence satisfied him that the collision was caused solely by Miles’ driving. He had cut across the line of travel of the other driver, Louise Wright, when she had the right of way.

The collision occurred in Papanui Road, at its intersection with Mays Road, at 12.43 a.m. on August 20 last year. Miles had been turning into Mays Road, accord-

ing to evidence. Evidence was that a blood sample said to have been taken from Miles and forwarded to the D.S.I.R. for analysis showed a ratio of 186 milligrams of alcohol to 100 millilitres of blood. However, the Judge dismissed the charge against Miles of driving when he had an excess alcohol level in his blood. He referred to a deficiency, an unexplained conflict in the statement of Traffic Officer Brian Price that he had posted

the blood sample to the D.S.I.R. in Wellington on October 20, and the evidence of its being sent by registered post on October 22. There was no evidence where or how the blood sample was held for those two days, the Judge said. The case had an involved history, and a number of adjournments. It was originally partheard on February 27. First, Miles was overseas and the Ministry of Transport, which brought the prosecutions, could not advance the

date for hearing evidence of Traffic Officer Price before he, too, left for overseas, early in February. Evidence was that Traffic Officer Price, the officer in charge of the

case, was still overseas and not due to return until early next year. The Ministry, represented by Senior Traffic Sergeant A. S. Dando, sought to have the accident report, breath and blood test reports and other documents which Traffic Officer Price had prepared, presented in evidence by Traffic Officer Graham Hammond. The latter officer had accompanied Traffic Officer Price at the accident and was familiar with his handwriting.

This course was opposed by defence counsel on the question of their admissibility. The Judge held that the various documents and accident reports prepared by Traffic Officer Price were admissible, as tendered by Traffic Officer Hammond; and that it was not reasonably practicable to obtain Traffic Officer Price’s evidence. Mr Nigel Hampton, Q.C., had represented Miles, at the hearing in February, and until this week.

Mr Hampton withdrew from the case as defence counsel, when it continued on Thursday. He was then called by Mr Stephen Hembrow, who took over Miles’ representation, to give evidence.