FAILURE TO REPORT

Northern Advocate, 15 July 1925, Page 4

FAILURE TO REPORT

AN INTERESTING POINT.

At the Whangarei Magistrate *s Court today, W. Jones and Edward Mahunga appeared before Mr R. W. : I Tate, S.M., jointly charged with failj ing to report an accident in which ! both were involved. An additional charge of driving to the of the public was preferred against Mahunga. The charges arose out of a collision between a motor lorry driven by Jones and a motor car by Mahunga. A witness, William Ellis, stated that on the night of June 13 he was at Grray's corner and noticed a Fo > rd car, driven by Mahunga, negotiating the I turn from • Cameron Street into Bank Street, on the wrong' side of road. > He' saw the collision occur ana in his opinion the driver of the lorry (Jones) had no time to avoid an accident, owing to the speed at which the ear was being driven. Constable Power read a statement made by Mahunga to the effect that he had been asked by a man who very much under the influence of liquor to drive his car to a.- certain boardinghouse in town. Although knowing nothing about a car, accused complied with the request, the collision being the direct result. The case against Jones was dismissed, the Magistrate remarking that he was "more sinned against than Sinning.'' i Mahunga was convicted on the first ! charge of driving to the public dang- | er, the second, that of failing to re--1 port, being withdrawn, and was, fined ! 40/, and costs 19/. An interesting discussion arose out i of the difference between the Magis- ! trate's interpretation of Section 31 i sub-sections (1) and (2) of the Motor ! Vehicles Act 1924 and that of the I Senior-Sergeant. His Worship held •that the reporting of an accident, although desirable, was hot compulsory unless the accidfent involved., •' jury to a person. The Senior-Sergeant quoted a precedent established in' : Auckland, where a motorist, charged j .with failing to report having run ' over and killed a pig, was convicted I and fined. - 11