PROSECUTED MOTORISTS

Greymouth Evening Star, 22 December 1934, Page 7

PROSECUTED MOTORISTS

ALLEGED INJUSTICE. [per press association.] HAWERA, December 21. A case of considerable interest to motorists came before Mr. W. H. Woodward, S.M. 'lt involved a section of the Act which the North Island Motor Union has for some time tried to have amended, that of motorists being unable to have evidence taken on commission in by-law cases. Rather than pay the expense of bringing a witness from Palmerston North to Hawera, should the case go against him, a motorist charged with dangerous driving pleaded guilty on the recommendation of Mr. G. J. Bayly, his solicitor, although in the opinion of the solicitor he was not guilty. Mr. Bayly claimed 'that the law should be amended to allow witnesses to give evidence in a foreign Court, thereby saving expenses, with more compatible justice. He said: “At pi esent, in civil actions, the law allows parties and witnesses to have their evidence taken on commission, but nb machinery is available in cases under the Motor Vehicles Act, or in breaches of the regulations under that Act, or breaches of by-laws.” The Automobile Associations of New Zealand have for some time been endeavouring to obtain an amendment so that evidence could be taken in a foreign court, but so far without result. The position now was that, if a motorist, visiting another centre, committed a breach of the by-laws, he might have no knowledge of it till he was served with a summons. He might be quite innocent, and might wish to defend the case. It was necessary for him to go to the town where the offence was committed, and to take witnesses. The Magistrate said the position was as unsatisfactory for him as for the motorist. He did not know what to do. Mr. Bayly: Show your disapproval of the law, as it at present stands. The Magistrate said that all he could do was to make a shot at it, although he might be doing an injustice. He fined the motorist £l. He added that the position was unsatisfactory.