MOTORIST AT COURT.

Hawera Star, Volume XLV, 6 August 1925, Page 9

MOTORIST AT COURT.

AFTER THREE COLLISIONS

FIXED AND LICENSE SUSPENDED

■ John Scoon, a stock agent, was charged at the Magistrate’s Court to-day with driving a car in a manner dangerous to the public, thereby causing a collision with another car driven by S. A. Chisholm near Kakuramea.

* Sergeant Henry, in outlining the case, said that Chisholm was proceeding to Patea, and when approaching a bridge near Kakaramea saw Scoon’s car also coming towards the bridge at between 20 to 25 miles an hour. When just on the bridge Chisholm realised an accident was inevitable, and accordingly pulled up. There was no room to pass on the bridge, and defendant's car had struck his and damaged it considerably. S. A. Chisholm, auctioneer, of Stratford, gave evidence in support of Sergeant Henry’s statement. He had stopped his car instantly he saw that defendant was also coming on to the bridge and pulled over hard against the bridge parapet. There was not sufficient room to pass, and defendant’s car had struck his, doing considerable damage. W. P. D. Jenkins, stock agbnt, who had been a passenger in the car driven by the previous witness, concurred with what Chisholm had said. Defendant had told him after the accident that his brakes were out of order. H. M. Bailey, a mechanic, gave evidence to the effect that Scoon 1 had brought his car to the garage to .be attended to. He had stated that his brakes were out of order. Witness had examined the foot brake and adjusted it. He had not looked at the hand brake, which was merely _ for emergency. Both brakes were independent. so there was no reason why one brake being out of action should affect the use of the other. Constable Tocker stated lie had interviewed defendant, who made a statement concerning his brakes. The magistrate expressed regret at the non-appearance of the defendant. Tt had been clearly proved that he was- guilty of negligence. He had been approaching a bridge on which two cais cannot pass at 20 to 25 miles •in hour, had seen another car coming towards tin' bridge, hut bad not slackened speed. The only excuse offered was that the brakes were not efficient, but the evidence of the defence about tlie brakes was not consistent with that of the mechanic. The prosescut.ion did not appear to have been taking an unfair advantage over a business rival. In. 1923 defendant had driven round a. hill on his wrong side, lost his head and ran directly into a car. Then later he had been involved in another accident through attempting to-pass a car on a hill while travelling at a dangerous speed. It appeared that accused was temperamentally unfitted to take a car out. He seemed to lack caution. He had been involved in three accidents, fortunately without loss of life. The defendant would he fined £5, with costs 17s. His current license would be cancelled, and ho would he prohibited to apply for another for a further 12 months after the expiry of his- present license — uamelv. till March, 1927.

APPLICATION FOB REHEARING. A.n application was made for a rehearing of the case against John Scoon, under which the magistrate passed •d< T ment this morning. The application was made by Mr H. G. Brodie, on the grounds that defendant had sufcered several breakdowns to his ca,r on his journey front Wanganui to Hawera this- morning. Sergeant Henry said lie must strenuously protest against a rehearing, as his witnesses had been placed under

difficulties to attend -the hearing this morning, and that- to bring them back would mean a great deal of inconvenience. It was suggested that defendant would have ample opportunity to telephone or. telegraph the court as td the reason of his non-appearance. Defendant, on being placed on oath, corroborated Mr Brodie’s statements.

The magistrate adjourned the application until August 20, the rehearing to b© granted subject to defendant payng £4 14s 6d witnesses expenses prior to the sitting.