“BORDERLINE CASE”

Gisborne Herald, Volume LXVIII, Issue 20603, 3 November 1941, Page 6

“BORDERLINE CASE”

INTOXICATION ALLEGED CHARGE DISMISSED “The Bench is inclined to consider this a borderline case,” said Mr. C. Blackburn, J.P., in the Magistrate’s Court this morning when dismissing a charge against Eric Douglas Le Quesne, aged 4b. a fitter. 13 Haig street, of having been found in a state of intoxication while driving a car in Gladstone road on Saturday afternoon. Le Quesne appeared before Messrs. Blackburn and A. A. Fraser. J.Ps., and pleaded not guilty. Mr. Blackburn said that consideration had been taken of the evidence of the doctor, who said that Le Quesne was not drunk. The accused haa suffered a good deal lately from illness and appeared to be straightforward with liis evidence. Senior-Sergeant PL PI. Russell prosecuted, and Mr. K. A. Woodward appeared for the accused. Dr. W. A. Bowie, who saw Le Quesne a quarter of an hour after he was arrested at 5.45 p.m., said that the accused was not drunk but had had alcohol, which might have affected his judgment while driving. To Mr. Woodward, the witness said that Le Quesne fell short of normal in most of the tests he put him through.

The Transport Department’s inspector, Mr. R. Metcalfe, said his attention had been, drawn to the erratic manner in which the accused’s car was being driven in Gladstone road. The witness followed the car from Stanley road to Clarence street, and it appeared that the driver’s head was nodding as if he was dozing over the wheel. When he stopped the accused he smelt strongly of liquor, and after observing him for a short time the inspector was convinced that he was intoxicated. Police Opinion Constable A. Webb said he saw Le Quesne at 5.55 p.m. and he appeared to be in a dazed condition. liis eyes were bloodshot and when the witness saw him later at 6.30 p.m. he was not steady on his feet. In the constable’s opinion the accused was not in a fit condition to drive a car. Constable PI. B. Jamieson, Detec-tive-Sergeant R. IP. Watersop, Sei\geant A. C. Davis, and Senior-Ser-geant Russell all said that the accused was unfit to drive when seen by them at times varying from 6 p.m. to 7 p.m. Mr. Woodward submitted that the case was a borderline one and that his client was entitled to the benefit of the doubt. Le Quesne was not addicted to drink, and although he had had two small beers on Saturday afternoon, .it was clear that he was not on a drinking expedition. He had been ill for the past few months and that might have been the reason for the awkward way he sat' in the car. There was a slight defect in the steering of the car, which would explain its somewhat erratic course. If the case had been a bad one, Mr. Metcalfe could have stopped the car sooner. Le Quesne was only 100yds. from home when he was stopped. Le Quesne gave evidence in hjs defence.

Cross-examined by Senior-Sergeant Russell, he admitted" that he had had six drinks during the day, but said that his driving was not affected.