DRIVER FINED

Dominion, Volume 30, Issue 143, 13 March 1937, Page 7

DRIVER FINED

Mount Victoria Tunnel Case SEQUEL IN COURT ‘■The evidence of Hie prosecution discloses dangerous driving of a very gross nature,” said Mr. -I. IL Luxford, S.M., in the Magistrate’s Court, at Wellington yesterday, when lie convicted and fined Charles Leonard Millier, company manager, £1(1 and costs, for driving in a manner which might have been dangerous to the public. The offence was committed in Mount Victoria tunnel on the evening of February 5 last. Defendant’s licence was suspended until -May 31 next, and he was prohibited from obtaining a new licence until six mouths from that date. Defendant pleaded not guilty and was represented by Mr. W. I’. Rollings. Senior-Sergeant J. Power conducted the prosecution. James Eli Dahl, taxi-driver, said that at about 7.30 p.m. on February 5, he was driving toward Mount Victoria tunnel with two passengers. He stopped at. the corner of Patterson Street to let out one passenger, and then proceeded. Near the mouth of the tunnel, defendant’s car tried to pass, but was prevented from cutting in by a smaller car in front. Witness considered defendant’s Sliced was between -10 and 50 m.p.h. Defendant finally shot ahead of both cars and "went for his life.” He did not see a sign of the car again. Norman Watson, employed by the Wellington Gas Company, and a passenger in the taxi, corroborated previous evidence, and Dorothy Mary Henchelwood, driver of the smaller ear, said that when defendant’s car passed her in the tunnel, “I . really thought he was going to hit me.” He was travelling between 40 and 45 m.p.h. she thought. She was badly shaken by the experience. Mary Wilson corroborated this evidence. Defendant said he passed the taxi which was parked at the corner of Patterson Street, at a speed of about 20 or 25 m.p.h; He next saw the taxi 20 to 30 feet, past the- mouth of the tunnel, and it. came up to him on defendant’s left. Witness said he had uo alternative but to accelerate because if he dropped back, cars behind would probably have crashed into him. There were two cars ahead of defendant, and he did not pass Mrs. Henchelwood’s car, but-it passed him in the tunnel. At the other end when he came out, he saw the taxi parked, and the driver was apparently taking his number.

"There is no need to cross-examine this witness,” the magistrate said to the Senior-Sergeant. "The evidence of your prosecution discloses dangerous driving of a very gross nature,’’ he added. ‘‘The conflict of evidence is remarkable and I can only put it down to defendant trying to reconstruct the case favourably to himself and to mislead the court.” Remands Granted. Remanded for sentence until Monday, William 'Walter Hassett, 25, painter and labourer, pleaded guilty to a charge of not complying with the terms of a probation licence. The probation officer stated that the case was a bad one. In the case of William Henry Gardiner, 02, wool-classer, native of Australia, who was charged with perjury, Detective-Sergeant J. Power asked for a remand until Wednesday next. This was granted. Gardiner was allowed bail of £5O, in one surety or two of £25. Miscellaneous Cases. Arthur Frederick Carlyle Kengan, 03, jockey and labourer, was fined 10/-, in default 48 hours’ imprisonment, on a-charge of drunkenness. For the breach of a prohibition order, Esther Gribble pleaded guilty and was fined £l, and costs 10/-. On two similar charges Michael Francis Carrick ■was fined £l, and costs 10/-, on each charge. For casting offensive matter, William O’Rourke and S. Palmer were each fined 10/-, and costs 10/-.