NO EVIDENCE

Hauraki Plains Gazette, Volume 60, Issue 4306, 19 July 1950, Page 5

NO EVIDENCE

OBSTRUCTING POLICE RESULT OF CAR SMASH CHARGES IN pAEROA COURT Charged with being intoxicated whilst in charge of a motor car on the Te Aroha road near Paeroa on July 6 last and also with obstructing the police Ralph Cullen of Komata, driver, appeared before Mr W. H. Freeman, S.M., at a sitting of the Magistrate’s Court in Paeroa on Tuesday last. Mr N. S. Barrott appeared for accused who was also charged that he did drive a motor car in a manner which having regard to all the circumstances of the case was dangerous to the public or to any person.

Arising out of the same set of circumstances were charges of obstructing the police in execution of <juty preferred against Evan Penman Baxter of Paeroa, cook, and James Kuiti, both passengers in the car.

The charges ( of obstruction of the police in the execution of duty .were based on the allegation that the said Ralph Cullen and Evan Penmar. Baxter and James Kuiti did falsely inform the said Constable Brown that one James Kuiti was the driver of a motor car whereas in fact, Ralph Cullen was ttye driver of the car. With the consent of counsel all charges were taken together, all three defendants pleading not guilty to all charges. .

Constable James Leonard Brown stationed at Paeroa stated that at 8.30 on July 6 he received information concerning a car accident at the corner of the old Te Aroha road and the Paeroa-Te Aroha main highway. He proceeded to the scene of the accident. He produced a plan of the locality at the junction of the roads. A cfr was against a post facing towards Paeroa. Skid marks indicated that the car had turned round after hitting a power pole in the triangle on the corner. The power pole was broken, the left hand rear of the car was badly dented in. Marks on the road indicated that the car had been heavily braked and their was no indication that the car had been turned to the left up the old Te Aroha road. There was a distance of 24 yards plus* 14 yards from’ . Where braking commenced to the pole struck and a further 22 yards to where the car came to rest. Who Was The Driver. Witness said no one was at the car when he got there except spectators. Witness s&id he went to Dr Bartrum’s surgery where he found Baxter and Cullen. He asked Cullen if he was the driver of the car %nd before Cullen had time to reply Baxter said “No Ralph was not the driver of the car. Kuiti was the driver.” Witness again asked Cullen whether Kuiti was the driver and Cullen said “Yes.” Cullen said Kuiti was in the surgery. • Witness, continuing his evidence, said he waited until Kuiti had been attended to by the doctor and when he came into the waiting room he asked Kuiti whether he was the driver of the car. Cullen spoke quickly in Maori to Kuiti and Kuiti said, “Yes, I was the driver of the car.” Constable Brown ■ stated that he made arrangements for Kuiti to report the accident next day as Kuiti was suffering from loss of blood and was not-in a fit state to be questioned. ‘Only Cullen showed signs of having had liquor. His eyes were red in the lids, they were bloodshot and he appeared extremely sleepy. His breath smelt of liquor. He dozed off in the waiting room whilst waiting for Kuiti, said witness.

Written Statements Made day, continued Constable Brown, Cullen, accompanied by his solicitor, came to the police station and produced a written statement which witness produced and read to the court. Another statement made by Baxter was then read to the court and also a third statement made by James Kuiti. The statements all confirmed the constable’s evidence.

To Mr Barrott Constable BroWn said that the persons involved in the accident were severely shaken by the crash. Kuiti was in'a bad state and Baxter had been thrown out on the road. Constable D. I. X. Mitchell, stationed at Paeroa, gave evidence as to the correctness of the plan produced in court. Legal Obstruction It had been laid down in cases, said Constable Brown, that an act done to delay an officer in his investigations constituted obstruction. The statements made misled the police and had the statements not been made Cullen would have been arrested on the spot, said Constable Brown, and charged

with being intoxicated in charge of a car.

On a slippery road in July once a car got off the road there would be no telling where the car would end, said the magistrate. The facts did indicate speed, added Mr Freeman. Ralph Cullen in evidence told the court that he was sober and had had very little liquor at the wedding he had attended at Komata. He was travelling about 35 miles an hour. He was an experienced driver and drove for a firm of carriers in Paeroa. Magistrate’s Decision

. .There was not sufficient evidence to warrant a conviction for intoxication, said Mr Freeman.. The charge which had to-be answered was that of driving at a speed which might be dangerous and the antics of the car indicated a speed which might have been dangerous. There was not sufficient evidence to warrant convictions for obstructing the police. Those charges would be dismissed and a conviction would be recorded against Cullen for driving at a speed in circumstances which might be dangerous. A fine of £5 was imposed.

The parges against Baxter and Kuiti were dismissed.