J.P.’s DECLINE JURISDICTION IN COURT CASE

Greymouth Evening Star, 3 June 1949, Page 4

J.P.’s DECLINE JURISDICTION IN COURT CASE

The hearing of a series of charges against a truck driver who was arrested at Greymouth last night came to a sudden and probably unprecedented end in the Police Court this morning when the presiding justices, Messrs J. H. North and R. J. Truman, refused jurisdiction, in view of possible serious aspects of the case, and insisted upon remanding the accused to appear before a Magistrate at Greymouth next week. Counsel for the accused and the police prosecutor both urged that the hearing should be proceeded with, but the justices were adamant. The case was that in which Frederick Alexander Warren, aged 39, described as a milk roundsman, was charged with being in a state of intoxication in charge of a motor truck in Leonard street last night; also with failing to stop on the signal of D. W. Tolchard, a person duly appointed to control traffic, and also with driving a motor truck at night not equipped with two headlamps. The accused, who was represented by W. D. Taylor, pleaded not guilty to the two first-mentioned charges and guilty to the other. Senior-sergeant R. C. Mcßbbie prosecuted.

Seen To Leave Hotel

The senior-sergeant said that the accused was a milk roundsman and resided at Taylorville. At 8 o’clock last night he was seen to leave a hotel with a woman companion, get into a motor truck and drive along Leonard street. Inspectoi’ Tolchard attempted to stop the accused, by signalling with a torch, but the accused failed to stop. However, Inspector Macefield, who was following the accused in a car, forced the accused into the side of the road.

The accused, added the senior’ sergeant, then got out of his truck and it was seen that he was intoxicated. He was taken to the police station and was examined by Dr Ray after about half an hour. The doctor was not prepared to certify intoxication. “I think this case should be remanded to the Magistrate,” interposed Mr North. “The Magistrate will be here on Wednesday and I think the accused should be remanded until then.” Mr Taylor: Justices, of course, have jurisdiction in this case. We have our witnesses here and I submit that you should go on with it now. Justices have clear jurisdiction in such cases. “May Be Serious Case” “This may turn out to be a very serious case and we think it is a case for the Magistrate, especially when it is likely that he will be here in a day or so,” replied Mr North. The senior-sergeant: We also have our witnesses here. The evidence is reasonably clear and I do not think you would have any difficulty in deciding one way or the other. Mr North: The Act provides for this case to be remanded to a Magistrate and under the circumstances the case is remanded until next Wednesday. On Mr Taylor’s application, the accused was granted a renewal of bail, in his own recognisance of £2O.