Magistrate Is Critical Of Delay In Prosecution

Greymouth Evening Star, 17 March 1947, Page 4

Magistrate Is Critical Of Delay In Prosecution

“The court is not in a position to deal adequately with offences unless prosecution is commenced more expeditiously,” commented the Magistrate, Mr A. A. McLachlan, S.M., at Greymouth this morning, when Elliot Ambrose Ryan, of Rotomanu, was charged with an offence he was alleged to have committed two months ago. He did not appear to answer a charge that he attempted to cross a railway line in Mawhera quay on January 17 when the line was not clear. Evidence was given by a railcar driver, Thomas Caldwell, who stated that the defendant’s car had crossed the path of the railcar as it was leaving Greymouth for Westport, and by Constable Henry Lamarr, of Otira, who said that though the defendant could not remember the incident, he ■ had admitted having been in Greymouth on January 17. Magistrate’s Comment

Mr McLachlan drew attention to the delay in commencing action, pointing out that a driver might not be able to remember crossing a line so long after the incident had happened. He might have been visiting his wife in hospital and returning home deep in thought. Senior Sergeant R. C. Mcßobie, who prosecuted, stated that the Railways Department had to send to Christchurch for authority to prosecute. This took a week usually, but the defendant was interviewed by the police soon after the charge was laid. There was nothing the police could do until it received the complaint. The Magistrate said that even after a few weeks it was difficult for a man to recollect various happenings. It really depended on the type of man. • For a flagrant breach, a fine of £5 would have been imposed, but, in view of the circumstances, the defendant would be convicted and fined £1 with 10s costs and 5s witness’s expenses. Immediate Action “If such a thing occurs again,” said Mr McLachlan, addressing Mr Caldwell, “will you see that immediate action is taken so that the defendant can be checked up soon after?” When Mr Caldwell indicated that he had lodged his complaint immediately, Mr McLachlan suggested that the department be advised that the court was not in a position to deal adequately with offences unless prosecution was commenced more expeditiously. Senior Sergeant Mcßobie said he would take the matter up with the Railways Department.