“BORDERLINE CASE”

Franklin Times, Volume XXIX, Issue 20, 21 February 1940, Page 5

“BORDERLINE CASE”

DRUNK IN CHARGE OF CYCLE MAORI CONVICTED “This is a most unusual case and under the special circumstances a fine instead of imprisonment will meet the case,” said IVIr F. H. Levien, S.M., in the Pukekohe Police Court this morning when fining Charlie Tohe a Maori, of Pukekohe, £ls and cancelling his licence for twelve months on a charge of being intoxicated in charge of a motor cycle.

Sergeant T. Kelly said Dial on Saturday last, show day. Constables L. T. Webby and A. P. Packer went lo Die Pukekohe hotel, as was Die usual pracliee and their attention was drawn to the accused who appeared to have had sufficient liquor. Al the suggestion of the constables lie left the hotel and was later seen riding a motor cycle towards the meeting house. Medical evidence showed that accused's faculties were impaired though several of the tests (outlined) were satisfactory. “On Monday,” the Sergeant continued, “the accused applied for a prohibition order against himself.”

Appearing for the accused Mr M. R. Grierson said that while it was admitted that Toiie’s faculties were impaired lie was nol seriously inloxicalefl and Dm case was a border-line one. lie said that Die accused s brother, who was sober, was with him while in charge of Die cycle which was ridden only a short distance. Counsel referred to Toiie’s good character and said that lie was a widower who was supporting three children. lie pointed out that Ihe medical evidence showed more normality than otherwise. Accused was convicted and fined as alreadv stated.