MAGISTRATE’S TRIBUTE

Greymouth Evening Star, 18 July 1939, Page 12

MAGISTRATE’S TRIBUTE

TO FAIRNESS OF POLICE

[per press association.]

WELLINGTON, July 17

A tribute to the fairness of the police in Court prosecutions was paid by Mr. J‘. H. Luxford, S.M., in the Magistrate’s Court, Wellington, to-day, when dismissing a charge against Philip Ellis, a company manager, 38, of being intoxicated while in charge of a car on the Titahi Bay-Porirua main highway on July 9. The S.M. complimented the police on the manner in which the evidence had been given, and said the case demonstrated how fair they were in such matters. Sub-Inspector D. J. O’Neill prosecuted. Mr. A. J. Mazengarb appeared for Ellis. A traffic inspector gave evidence that at 1.10 a.m. on July 9 he found Ellis’s car lying on its side on the mudflats by the Titahi Bay-Porirua main highway. It had just left the road. Two occupants had climbed out a window; but Ellis was still in the car. When he got out, witness noticed that he had a wooden leg. He smelt very strongly of liquor. After setting the car on its wheels, with the assistance of some other people, witness took Ellis to Wellington. They arrived at the central police station at 2.35 a.m.; but it was not possible to get a doctor till 3.20 a.m.

Cross-examined by Mr. Mazengarb, witness said he did notice that a tyre was off on one of the wheels. He agreed that this might have been caused by a blow-out, which might have been responsible for the accident. Further evidence about the accident and the state of the car was given by another traffic inspector. He said Ellis had told him that he had had five drinks since 5 p.m. Sergeant J. McKie said that when Ellis arrived at the central police station he smelt of liquor, but not strongly. His eyes were bloodshot; but he was quite rational in his speech. He said he had taken four drinks since 5 p.m. the previous day. After hearing this evidence, the S.M. dismissed the charge, saying there was no case to answer.