CHARGE AGAINST MOTORIST OF SPEEDING DISMISSED

Gisborne Herald, Volume LXXVII, Issue 23315, 26 July 1950, Page 8

CHARGE AGAINST MOTORIST OF SPEEDING DISMISSED

“It has been alleged that the defendant's speed was up to 45 m.p.h.. but in view of the short distances of the streets and varying speed I don’t see how a proper check could have been made.” commented Mr. E. L. Walton. S.M., when dismissing in the Gisborne Magistrate's Court yesterday a charge against Thomas Alan Napier Corson of exceeding 30 m.p.n. in the Gisborne Borough on June 17.

The charge was laid by the Transport Department. The defendant, who was represented by Mr. L. T. Burnard, pleaded not guilty. Inspector W. P. Ambler said at about 5.10 p.m. be checked the speed of defendant's car in Clifford Street and also in Riverside Road. The speed of the defendant’s car. which he followed, varied, but in Clifford Street it reached 45 m.p.h. and also was 45 m.p.h. in Riverside Road.

Mr. Burnard: How long was he travelling at that speed? The witness: I would not like to say. Did you sound your siren to stop him? —I had no opportunity to stop him as 1 didn’t know the road very well and I did not want to take any chances in Clifford Street.

The inspector said he had issued a a ticket for an offence in Clifford Street, interviewing the defendant in Riverside Road. Case For the Defence

Addressing the magistrate,, counsel submitted that the case had not been satisfactorily established. “The ordinary practice was not followed and this leads to doubt when we know that the proper practice in the case of speeding is to pull a motorist up promptly,” said Mr. Burnard.

The defendant, in evidence, said he drove from town. As he went along Fitzherbert Street he pulled the car over to the kerb, intending to make a call at a friend's house, but he decided not to do this and continued along Clifford Street to his home in Riverside Road. He’ drove particularly slowly on the night as he was a shade tired. The defendant said he would naturally see the lights of any car following him closely, but lie did not see anyone until his vehicle was in Riverside Road.

When travelling along this route he heard the sound of a motor horn a short distance from his home. ‘The’ inspector told me that I had a powerful car which scampered,” said the defendant. "When I informed him that I was out of the borough he said lie didn't know as he had been here for only three weeks. I don't think that Clifford Street or Stafford Street were mentioned. The inspector came on to me in a flash.”