FAILURE OF PROSECUTION.

New Zealand Herald, Volume LXVII, Issue 20504, 4 March 1930, Page 12

FAILURE OF PROSECUTION.

INTOXICATION CHARGE.

MOTOR COLLISION SEQUEL.

A collision between a motor-van and a motor-cycle near the corner of Tui Street and Kaka Street, Otahuhu, on January 22 resulted in the driver of the van, Frederick Noel Mandeno, of Mangere Bridge, being charged before Mr. F. H. Levien, S.M., in the Otahuhu Police Court yesterday with being intoxicated while in charge of a motor-vehicle, with driving in a dangerous manner and with failing to give his name to the rider of the motorcycle when requested by him to do so. The rider of the cycle, Allen Ramsay Lloyd, said he saw the van coming along Kaka Street as he reached the corner from Tui Stree.t. He turned the corner into Kaka Street on his proper side and had gone about 10 yards when defendant's van came over to the wrong side and struck him. He was knocked off the cycle and a pillion passenger sustained cuts to her head. Witness said he asked defendant his name. Defendant replied that if he wanted to communicate with him he could write to a bacon curer at Mangere Bridge. He gave the name of the bacoft curer, but witness did not think it was defendant's own name. He now realised that it was his own name. Defendant gave the impression that he was under the influence of liquor. Other witnesses said defendant appeared to them to be more or less intoxicated. Constable Hinton said defendant reported the collision at the Onehunga police station the morning after it occurred. lii a statement defendant said he had had no liquor on the day of the collision. He had been a teetotaller for the past three years. The magistrate said that the differing way in which the witnesses described defendant's actions after the collision left room for doubt as to whether he was intoxicated. A jury would hardly convict him on such evidence. As to the charge of dangerous driving, it might have been that defendant became confused on the cycle appearing at the corner. It was now admitted that defendant gave his name to the l'ider of the motor-cycle. All three charges would be dismissed'.