“LIKE COMIC OPERA”

Evening Star, Issue 23270, 19 May 1939, Page 8

“LIKE COMIC OPERA”

CHARGES AGAINST TWO MEN ALLEGED INTOXICATION IN CAR ONE HELD TO BE THE DRIVER An observation that the circumstances of the case were peculiar and almost bordered on comic opera was made by Mr H. W. Bundle, S.M., when giving his decision in the Police Court to-day of the unusual charge against two men of both being intoxicated in charge of a motor car at the same time and in the same set of circumstances. The case was heard last Monday and adjourned until to-day, and it involved Arthur Bert Perry and James Porter Milne, both employees of coal firms. It was held by tho police that Perry, whose car it was, was in control of it in that he was in the seat next to the driver and in a, position to direct him. Milne was in the driver's seat and in charge of tho controls. The Magistrate, who gave a decision that Milne was in charge of the car, but Perry was not, reviewed the case at length, with particular emphasis directed to the evidence of Constable Mackie that when ho was approaching the car, which was parked in Anderson’s Bay road, he saw smoke coming from the exhaust, the engine stopping as he oame abreast of tho vehicle. “ Who was in charge of the car must depend on the facts of each particular charge against Perry and Milne,” said Mr Bundle, “ I am of the opinion that Milne was technically in charge of the car for the time being, Perry having handed over control of it to him. lam unable to state that a man in Perry’s drunken condition could be said to bo jointly in charge of the car, especially as he was holding a bicycle against the side of the vehicle. Milne in a sense can be termed unfortunate, for it can be inferred from the evidence that he had been asked to start and drive the car. The question of penalty is one that has caused me trouble. This is not an ordinary case. However, only one end can come to a truck driver who spends the afternoon drinking.” The Magistrate. who,had earlier postponed giving judgment to enable an expert examination of the car, commented that it disclosed that the starting equipment was defective and that evidently the engine could not have been started without the use of the handle, which was in the car. Milne was fined £5 and medical expenses (£1 Is). He was ordered to take out a prohibition order, the question of the suspension of his driving license being suspended during the currency of the order (12 months). The Magistrate admonished Perry, who admitted other offences. He was convicted only for a breach of the terms of his probation, His .Worship warning him that if he was in trouble again lie would be imprisoned. For procuring liquor during the currency of a prohibition order_ he was fined 20s, and for not having a driver’s license he was fined 10s and costs. '

Mr G. M. Lloyd represented Penry and Mr W. G. Meade appeared for Milne.