A WOMAN MOTORIST.

Otago Daily Times, Issue 20362, 20 March 1928, Page 10

A WOMAN MOTORIST.

CHARGE OF INTOXICATION FAILS CRITICISM OF POLICE METHODS. (Special to Daily Times.) WANGANUI. March 19. A short time ago the point was emphasised hero that the police were more concerned with getting a conviction in a case brought before the court than in revealing all tho facts. Tho same question ■ was raised again to-day by Mr W. J. Treadwell, counsel defending Mrs Rhoda Laird, who was charged with being intoxicated while in charge of a motor car. This case hps been before the court off and on for over a fortnight, and to-day finality was reached. John bergupson Holloway, who was on the scene of the motor accident, the basis of tho charge, shortly after it occurred, informed the court that he know nothing about tho relevant facts of alcoholic shock. At the same time he saw no signs of drink about tho defendant. She seemed distressed, excited, and hysterical over tho mishap, and seemed to him to want protection, as others had been hostile to her. Mr Treadwell thou asked if it was the duty vf tho police to try to get a conviction or to put the whole facts as they knew them before the court. Whether it ■was in favour of tho accused or not, the benefit of tho doubt was something that an accused person was entitled to. Senior Sergeant Lopdell objected strongly to counsel’s remarks. _ i Mr Treadwell covered all tho evidence adduced. Ho maintained that the defendant was absolutely sober at tho time and able to give a clear and coherent account of what took place and of all her movements subsequent to the accident. He strongly criticised Constable Howes, ot Wavcrley, who said she was staggering and smelling of drink when ho saw her, yet he took no action, even failing to report the matter. Counsel characterised as pernicious the practice of taking statements from people aTt-cr these accidents and tnen using the statements against them later m the prosecutions. Was it, he asked, the dutv of tho police to try to get (convictions or to try and bring the whole truth before the court in order that-justice should bo done ? Counsel contended that the whole evidence should be produced whether in favour of an accused or not. It was the duty of tho police in this case to have brought tho evidence of Mr Alexander, Mr Holloway, and the police constable at Waverley, and not to have left it to the defence to trust to chance to discover these witnesses. If they had not been able to got these witnesses a grave injustice might have been done to this woman. Mr Treadwell said he had a duty in a case of this sort. He was of opinion that solicitors should speak a little more frequently when occasion demanded it, but perhaps they were afraid to do so. . , , ~ ' Sergeant Lopdell contended that the police had been most fair in the matter. He reviewed the evidence at length, and concluded by referring to certain signs and effects of alcohol. Ha pointed out that alcohol neutralised the effect ot shock, and shock came only as alcohol The Magistrate said that a question involving mental condition made it a difficult problem for any tribunal. It was important because these matters were increasingly common, because liquor caused accidents, and accidents caused shock, and shock was invoked to explain accidents. Anything abnormal about a man or woman was attributed to shock. People had now begun to look for liquor when accidents occurred. The problem was not an easy one. The court had to protect the public and at the same time be careful not to do an injustice to motorists. _ In his experience of motor cases the police must largely stand or fall by the observed condition of the person at the time of the accident. In the case before the court the defendant must be given the benefit of the doubt, and the information would be dismissed. He considered that the police had acted fairly—in fact, his experience showed that they had always endeavoured to be fair in presenting their cases. He considered that the danger referred to by Mr Treadwell was also worthy of attention. Perhaps it might help if statements made by the accused in these cases were made available to the other side and not left to be found out by accident later by the defence.