NAVAL MAN’S APPEAL

Hawke's Bay Tribune, Volume XXIV, Issue 78, 14 March 1934, Page 9

NAVAL MAN’S APPEAL

Alleged Dangerous Driving PENALTY REDUCED . (By Telegraph—Press Association.) BLENHEIM, March 13 The Supreme Court to-day heard the appeal of Sub-Lieutenant Hume R. A. Kidston, of the New Zealano division of the Royal Navy, againsi conviction by the Magistrate for dan gerous driving and a sentence disquali tying him from holding a driving license fur two years. Mr W. Parry, of Wellington, appeared for the appellant and Mr W. T. Churchward, Blenheim, for ths respondent. Witnesses gave evidence on the lines of that in the Lower Court that K'd ston’s car travelled at 60 to 70 miles an hour on the Blenheim-Picton road and was twice ditched in a distance oi a few chains Defendant, giving evidence, attn buted the mishap to skids due to the gravelled road surface and the fact that the tread of the tyres was worn. He said the speed was not excessive but the car was a super-charged sports model and the noise of the engine gave the impression that it was travelling at a greater speed than really was the case. He said he had driven similar cars since he was 16 years of age and never had a mishap. He was one of 65 drivers out of 130 who completed an eight days’ Alpine trial on the Continent. He had driven thousands of miles in England, the Continent, India and Ceylon in all sorts of conditions and his only conviction had been in regard to a minor offence connected with lighting in London. Expert evidence as to skid effects was given by Nelson mechanics. “I think there is the question that appellant was driving his car in a manner which, having regard to the circumstances, might have been dangerous to the public,” said the Judge in announcing his decision. “However, I think a reduction in the penalty can be made, and I propose, not without hesitation, to withdraw the embargo upon his holding a license to drive. I think in the circumstances that it was an excessive penalty to inflict, but I would advise or at least draw Kidston’s attention to the fact that he has now throe convictions in connection with driving to the danger of the public or driving at an excessive speed. “I very strongly advise him,” the Judge continued, “to scrap this,car and take an ordinary touring car in the future, for with a car of this sort the temptation no doubt is to let her out when he thinks the road is clear. On this occasion, although the road appeared to be clear, he managed to put the .car twice into a ditch. It seems to me just as likely as not for him to have landed up against another car.” The appeal was dismissed with costs £lO 10/-, disbursements and with wit, nesses expenses against appellant, but that portion of the penalty prohibiting him from holding a driver’s license was revoked.