OUTING IN MOTOR-CAR

New Zealand Herald, Volume LXXIV, Issue 22917, 21 December 1937, Page 19

OUTING IN MOTOR-CAR

CHARGE FOLLOWS MISHAP ALTERATION OF PLEA "It is an extraordinary position, but in view of the evidence I have no alternative to dismissing the information," said Mr. W. R. McKean, S.M., in the Otnhuhu Police Court yesterday when John William Murphy, aged 34, a labourer, denied that he was the driver of a motor-car which had been involved in an accident, after having stated previously to the police that he would plead guilty to a charge of being intoxicated while in charge of a vehicle. Mr. F. Jones, inspector of the Transport Department, said he was called to the scene of a collision on the Great South Road at Papatoetoe on Sunday night about nine o'clock. A motor-cycle and side-car with a rider and passenger had been struck bv accused's car and thrown into the ditch. Defendant was medically examined and certified to be unfit to have control of a car. When told at the police station that he would be charged he said lie would plead guilty. " This morning defendant stated that he was not the driver of the car at the time and was pleading not guilty," added Mr. Jones. Frederick R. Fletcher, the motorcyclist, said ,he followed defendant's car for over a quarter of a mile and noticed its career was erratic. Witness had just passed the car when it either swerved or accelerated and he and his son were thrown to the roadside* ' . , Dr. J. J. Valentine, of Papatoetoe. said he found defendant definitely under the influence of liquor and not fit to drive. t , , Sergeant J. Daly said defendant had been given every opportunity to disclaim responsibility. Defendant, in evidence, said he was asked by a lady friend to take her for a drive in his car. She drove all the way and when the accident occurred defendant decided to take all responsibility. He had not wanted his wife to know that he was out with a friend. Later he had changed his mind. In his opinion the car did not strike the motor-cycle. Mr. McKean: I don't think you were in a state to know what happened. Beryl Bartlett, who had accompanied defendant, said she drove the car. Mnrpliv asked her to say nothing as he would take all the hlame. She admitted that she had told the inspector that Mtirphv was the driver. "I do not feel altogether convinced, hut there is no evidence to contradict their story." said the magistrate in dismissing "the case.