COUNCIL TO PAY

Evening Post, Issue 87, 9 October 1936, Page 11

COUNCIL TO PAY

CASE REHEARD;

WITNESSES NOT CALLED

Alter", dismissing a bylaw prosecution in the Magistrate's Court yesterday, Mr. J. H. Luxford, S.M, allowed costs against the Wellington City Council and dismissed a charge against Thomas Jones, a taxi-driver, of driving a motorcar i.iv.a negligent manner in Lambton Quay. The case was a rehearing new evidence having become available since the first hearing, when Jones was fined £3 and 13s costs by Mr. Luxford.

- When the Magistrate announced that he wps ordering costs against the City Council, Mr. A. R. Cooper, counsel for the council, said "Your Worship, 1 enter a formal protest."

"Please do not use those terms in this Court, Mr. Cooper," replied Mr. Luxford. "They are not becoming to the Bar. You have your remedy, ii you desire to take the matter further." ■Mr. Luxford > said that he allowed nosts because the two witnesses for the- defendant, a conductor and a motorman, were ,City Council employees who should have been interviewed and a statement taken, before the prosecution was brought They were well able to give evidence, and if this had beeil done there: would have been no charge against Jones. As it was, Jones had endeavoured to defend himself, but was one of those, unfortunate men who could not express themselves adequately. Without the evidence of the tramwaymen, he had been convicted and fined at the first hearing.

Evidence was given. that the defendant had driven his car past a tramcar before it had come to a stop in Lambton Quay outside the Government Buildings. The motorman and conductor of the tram gave evidence for Jones, that there was no danger whatever to people who were intend-, ing -to catch the tram, / as the taxi, which was not travelling fast, was past tho tram slop before the latter arrived alJ,h,Q,stap. • '