BROTHERS FINED

New Zealand Herald, Volume LXXV, Issue 23178, 26 October 1938, Page 18

BROTHERS FINED

TWO HUNTLY MINERS ' joint owners of car SATURDAY NIGHT EPISODE "I am asked to say that neither of these two men was in charge of the ear —that is the position set out by counsel," said Mr. C. 11. Orr Walker, S.M., in the Police Court yesterday, when two brothers, George Francis Stevens, aged 20, and .1 honias Clifford Stevens, aged -I, miners at Muntl.v, appeared, charged with being in cliaigo of a motor-car while in a state of intoxication in Ueresford Street on Saturday night. The accused, who were joint owners of the car, pleaded not guilty. George Francis Stevens was represented by Mr. Singer and bis brother by Mr. Terry. Dr. L. H. Aitken said that at 12.45 a.ill. on Sunday be examined the accused. George Stevens was drunk and not fit to be in charge of a motor vehicle and Clifford Stevens was moderately intoxicated and unfit to be in charge of a car.

Cross-examined, witness expressed the opinion that George Stevens was so drunk as to be incapable oi doing anything with the car if ho attempted it. Gar Outside Dance Hall Sergeant Austin said ho went to Beresford Street at 11.50 p.m. with Constable Motley. Outside a hall, where a danco was in progress, was a car parked with tho loft front wheel on the footpath and tho right mudguard against another car. George Stevens was lying on tho front left of tho driver's seat and Clifford Stevens was just leaving tho driver's seat. When questioned Clifford said the driver was down tho road and lie went to get him. Witness waited in the shade of tho building. After five minutes Clifford returned, added witness. He got into the car and witness then approached and asked him if he had found the driver. He said he had not and added: "I have not seen you before." Witness reminded him ho had been talking to him only a few minutes previously and ho then admitted he was in charge of the car. When asked for the ignition key Clifford said it was in the car, but was not found on a search being made. It was eventually found in George's pocket.

Liquor Found in Oar "There was an empty beer bottle in the front seat and in the back seat was a suitcase containing 13 pint bottles of beer," added witness. There were also two partly-consumed bottles of gin and four bottles of ginger ale. The two brothers were arrested and a companion who had joined them was arrested on a charge of drunkenness. Similar evidence was given by Constable Motley, who first noticed the car at 10.45 p.m. George was helplessly drunk.

Mr. Singer submitted that George Stevens was not in charge, as lie was so intoxicated he could not drive. If the magistrato held that he submitted the case could be dismissed.

The Magistrate: I do not know I can dismiss the case as it stands. I have not yet found his brother was in sole charge of the car. George was sitting in the car with the key in his pocket. He was presumably in charge. Oontentions by Defence Mr. Singer then stated after a brief conference between both counsel and both accused that the accused came from Huntly in the afternoon with a caravan and established themselves at Western Springs motor camp. From the time they arrived at Western Springs George handed over the car to his brother and did not drive it again. Mr. Terry submitted that Clifford Stevens did not seemingly have tho means of ignition and therefore the means of locomotion. He could not find the key and, although he did assume some measure of control, it was not possible for liim to put the car into control and create the danger tho Act was designed to prevent. "Both Men in Charge"

"My opinion is that both these men were in charge of the car," said the magistrate. George had the key in his pocKet and it was open for him to drive away when getting over his drunken state. Cliffox'd was in charge of the car. He was certainly at a disadvantage in that he had no "key, but lie could have got. it off his brother. "1 have decided to fine both of them, t am not sending George to prison as I can give liim credit for having sufficient sense not to drive early in tho night. Clifford did not actually drive. I am satisfied one or other of them would have driven eventually. Tliev set out in the afternoon with a lurgo quantity of liquor and got into the state in which they were found. It was most reprehensible conduct." The accused were fined £2O each, with £2 2s expenses each.- Both had their drivers' licences cancelled for tho balance of the present term. George Stevens will not be able to obtain another for 18 months and Clifford Stevens for 12 months.

PENALTY OP £2O IMPOSED LICENCE CANCELLED FOR YEAR On a charge of being intoxicated while being in charge of a motor-van, Harold William Give McKinnon (Mr. S. T). Rice), a married man of Takanini, was fined £2O in the Papakurn Police Court yesterday. The Magistrate, Mr. W.. H. Freeman, ordered that the accused's driving licence be cancelled for a period of 12 months. Inspector J. N. Hodgson said he was called to the scene of an accident on tho Great South Road at Mannrewa on October 15 about 8.5 p.m. The accused's van had struck the sido of an approaching car, resulting in the van completely overturning. He had reason to think McKinnon had had drink and took him to a doctor, who certified him as unfit to drive. The accused was not satisfied and insisted on seeing another doctor. Ho was then taken to ;i.Papatootoo doctor, who certified him about an hour after, as slightly under the influence of liquor and not fit to drive. For McKinnon, Mr. Rice said his client had had a couple of drinks with friends before taking them to Reachlands. The accident, he submitted, was entirely due to the back rear tyre bursting.