Magistrate Issues a Stern Reminder

Franklin Times, Volume XXIX, Issue 43, 19 April 1940, Page 5

Magistrate Issues a Stern Reminder

CONTRACTOR ACQUITTED INTOXICATION CHARGE FAILS INFORMATION I) ISMISSED “You have run very close today to ten days’ hard labour and the loss of your occupation,” said Mr F. H. Levien in the Pukekohe Magistrate’s Court on Wednesday when he dismissed information against a cartage contractor, Joseph Bernard McGrath, of Mercer, regarding alleged intoxication in charge of a truck at Mercer on Friday last. Sergeant .1. SouLliworth conducted file prosecution while Mr A. P. King appeared for the defendant. Bichard Miilbank, traveller, said that at 6.35 on Friday evening he was tra•voiling north, from Mercer when he saw what proved to he a truck without lights and on the wrong side of the road. The truck pulled over to its correct side, then came hack to its incorrect side, striking witness’ car in spite' of tlie fact that- he had pulled Ihree or four feet off the road. The truck did not- stop at the scene of the accident or later when witness vndeavoured to stop it outside the railway station... The truck turned up Ivoheroa road. After visiting the Mercer police station witness saw the truck in' the Koheroa road and with Constable Wakelin visited defendant. The lights of the truck were found to he not working,. .Defendant said that he did not remember hitting anything and did not see witness endeavour to stop him. About £3 to £4 damage was done to witness’ car. Constable F. T.' Wakelin said that the previous witness had called at his house at 6.45 p.m. giving : an account of the accident and at his .suggestion had gone up Koheroa road and identii'ffiij the truck as that belonging to defendant. A few minutes later with Miilbank lie went to interview McGrath. In his opinion McGrath gave signs of being intoxicated so he took him to the Mercer police station where at 7.30 Dr. A. T. Begg of Pukekohe, examined him. At 8.20 Dr. H. S. Douglas also examined the defendant. Dr. A. T. Begg said that McGrath was not intoxicated, but in his opinion his reactions were impaired by alcohol.

Dr. H. S. Douglas said that when he examined the defendant he did all the tests satisfactorily. Certain weaknesses such as colour and speech, which would give the impression of intoxication, seemed natural, which opinion was strengthened when he examined him at Pukekohe on Monday.

As already stated the information was dismissed while on further charges of negligent driving and having no lights on the vehicle during the hours of darkness McGrath was fined £3 and £1 respectively.