CHANGE OF PLEA

New Zealand Herald, Volume LXXV, Issue 23072, 24 June 1938, Page 15

CHANGE OF PLEA

INTOXICATION CHARGE AN APPLICATION GRANTED ACCUSED AGAIN REMANDED An application to withdraw a previous ploa of guilty and substitute one of not guilty was granted by Mr. C. R. Orr Walker, S.M., in the Police , Court yesterday, when Harry Murray, aged 34, labourer, appeared on remand on a charge of being in a stato of intoxication while in charge of a motorcar in Customs Street on Monday. Accused appeared in the Court on Tuesday, when ho pleaded guilty to the charge and was convicted. He was not represented by counsel 011 that occasion, but yesterday Mr. Trevor Henry appeared for him. Statement by Police Sub-Inspector Fox stated that when the case was previously heard, accused had said that although ho had owned the car since October, 1937, he had never driven it, and was not driving it at the time of his arrest. Accused was remanded until to-day for sentence to enable the police to make further inquiries. Air. Henry contended that accused had entered a plea of guilty under a misapprehension, and that when he had denied driving the car it was an attempt to slichv cause why he should not he convicted. Counsel submitted authorities in support of his claim that the Court had power to allow the prisoner to withdraw his plea before sentence. Independent evidence would be produced to show that accused had not been driving the car, continued coun : sel. Wlien the vehicle was being taken to the service station and later when it was being towed by a taxi, accused's brother was at the wheel. It was when the taxi-driver went to obtain a breakdown lorry that accused sat in the driver's seat and attempted to start the car. Counsel appealed to the magistrate to extend to accused the usual trial he would have had if he had taken legal advice. The Magistrate's View " There should be no misunderstanding that this was rushed through by the police," said the magistrate. "SubInspector Fox even suggested to accused before he entered the Court that he should have legal advice." Mr. Fox pointed out that accused's plea was an unqualified one of guilty. He had stated that he was drunk, but had denied driving the car. In allowing the plea of guilty to bo withdrawn, the magistrate stated that , if accused had a good defence, he • should be given an opportunity of ex- . pressing it. .:•>

Accused then pleaded not guilty and was remanded until Tuesday.