CASE TO BE REHEARD

Evening Post, Volume CXX, Issue 110, 5 November 1935, Page 14

CASE TO BE REHEARD

A? DUNEDIN MOTORIST

MAGISTRATE'S DECISION

(By, Telegraph—Press Association.)

DUNEDIN, November 4,

Further argument: by : counsel was heard in the Magistrate's Court "■ this afternoon in the case of Gustave Neil:

son, aged 40, who-was earlier held by Mr. H. W. Bundle, S.M.; to have been in charge of his car while in a state of intoxication and was sentenced to three weeks' imprisonment. The car, which was involved in a collision, was being > driven by another man, who admitted intoxication and was fined £10.

His Worship expressed the definite opinion that Neilson could be charged that he was not in such a state of helplessness as would prevent his] forming an opinion, and that it was immaterial whether he was charged as principal or as one aiding and abetting the offence.'"

This afternoon counsel for the accused announced that he proposed to ask that one of two courses be adopted ■ —either that a rehearing be granted or that security be fixed for appeal. • He submitted. that there had been: a-mis-carriage of justice in the case against Neilson and would ask for a rehearing on the ground that certain medical evidence had not as a result .of a misunderstanding with the police been produced.

The Magistrate said that in the easel of a criminal charge the Court leaned towards granting the admission of any evidence that would be of. assistance to the accused person, and granted a rehearing.

Neilson was^remanded to appear on Thursday morning, when this evidence will be called for the defence. He was allowed bail in self of £25 and one surety for- £25.