LEGAL DIFFICULTY

Dominion, Volume 28, Issue 113, 6 February 1935, Page 11

LEGAL DIFFICULTY

Traffic Case Evidence “INJUSTICE TO MOTORISTS” When the proposal to change the law so as to allow magistrates trying traffice charges to accept evidence given on commission was raised at the half-year-ly meeting of the North Island Motor Union yesterday, Mr. G. W. Hutchinson (Auckland) said that the case of an Auckland motorist convicted at Mataura, even though he had never driven a car in the South Island (reported yesterday), bad been reopened and the local body prosecuting had withdrawn the charge.

Mr. N. IL Bain said there were two sides to the question. If the man in the case to which attention had been drawn had got into touch with his association, its solicitor would probably have had an aflidavit, stating' that the defendant had not been in the district of the alleged offenct? for years, sent to the local body. An affidavit had more weight than a declaration, which the motorist had sent, and that would probably have induced the local body to withdraw the prosecution immediately. A magistrate was often guided by the demeanour of a witness, and if evidence were taken on commission he would not have that benefit.

Mr. A. Grayson (Auckland) said it seemed quite possible for a magistrate to send with the evidence a note on a witness’s demeanour.

Six cases of injustice said to be due to magistrates being unable to accept evidence from defendants at a distance were brought before the meeting, and it was decided to make further representations to the Minister of Justice in support of the proposed amendment.