Solicitor Acts as Honorary Counsel

Franklin Times, Volume XXVII, Issue 140, 30 November 1938, Page 5

Solicitor Acts as Honorary Counsel

UNUSUAL REQUEST DEAF MAORI BEFORE THE COURT & DRUNK IN CHARGE ALLEGED The unusual request by a magistrate for a solicitor to become what he termed “honorary counsel” for defendant, was made in the Pukekohe Police Court on Monday, when an unusually difficult case was in progress. The case was one in which a native, who, besides being extraordinarily deaf, understood only very limited English. Mr Grierson, acting in this unique capacity, rendered the Court invaluable assistance, and, with the aid of “pidgin” English, and a husky Maori youth, a relative of the defendant, was able to examine the defendant satisfactorily.

The case was one in which Box Ngakete,"' who was described as a Maori labourer, 41 years of age, of Patumahoe, was charged with being drunk in charge of a motor-vehicle in Massey Avenue, Pukekohe, on November 26.

Medical Evidence Dr. F. W. Lumsden (Pukekohe), said that, at the request of Constable L. T. Webby,, he had examined de l’endant on the Saturday night previously, following the latter’s arrest. “Defendant was very hard to examine,” the Doctor stated. “There was no doubt about the fact that he had indulged in alcohol, and apart from his physical disabilities, I would say that he was quite unfit to be. in charge of a motor vehicle.”

The Magistrate (to Mr Grierson): Ask him how much liquor he had, Mr Grierson.

Mr Grierson, (shouting in defendant’s ear): They reckon you have too much beer on Saturday, eh? Defendant: I only have two glass. Mr Grierson: You drive car, eh? Defendant: Yes. Mr Grierson: You by yourself, eh? Defendant: Yes. Mr Grierson (with the help of

Ngakete’s nephew, who came forward to give assistance) : How long after you have te drink you go down to te car? How long, eh?

Defendant: About half an hour. The Magistrate:"Ask him if he has any physical disabilities. Mr Grierson: You sick man, you? Round here, eh? (Making an expressive gesture which' covered the abdominal regions). Defendant protested that he was “0.K.”

Dr. Lumsden, in reply to the Bench, said he would say that defendant was not fit to drive, as the resultfi of the liquor he had drunk, and combined with his own disability.

Police Evidence

Constable Webby, giving evidence, slated that at 6.50 p.m. he had observed defendant attempting to start I lie car. As he walked round to the seat, lie staggered. The constable went over to him, and found him to be obviously under the influence of liquor, of which he smelled strongly. The Magistrate: Do you think it would take much liquor to upset him? The constable: No. Constable Webby added that the car was owned by defendant and his brother. The Magistrate: Was it a partnership drunkenness? The Constable: Well, it was. The Magistrate said that he was taking into account defendant’s physical disabilities, as a drink or two clearly rendered him incapable of driving a car. He would enter a conviction only, and cancel his licence —“if lv- possessed one” —for twelve months. Defendant was ordered to pay the doctor’s fee, £1 :Is, and, on the advice of the Magistrate, consented to take out a prohibition order for twelve months.